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General and Primary 


Election Laws 

OF THE 

State of Idaho 

1914 



Published by Authority op Wilfred L. Gifford 
Secretary of State 

Revised, Annotated and Indexed by T. C. Coffin 
Asst. Attorney General 






4 



General and Primary 

Election Laws 

6C £ 

OF THE -— - 

^0/ 

State of Idaho 



PUBLISHED BY 
WILFRED L. GIFFORD 

Secretary of State 


BOISE, IDAHO, 1913-14 












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CONSTITUTIONAL PROVISIONS 



Right of Suffrage Guaranteed. 

No Property Qualification Required of Electors. 

Local and Special Laws Prohibited. 

Secret Ballot Guaranteed. 

Qualifications of Electors. 

Disqualification of Certain Persons. 

Legislature May Prescribe Additional Qualifications. 

Residence for Voting Purposes Not Lost or Gained. 

Recall. 

Removal of County Seats. 

Division of Counties. 

Amendments to Constitution. 

Submission of Several Amendments. 

Revision or Amendment by Convention. 

Submission of Revised Constitution to People. 

ARTICLE 1. 

Right of Suffrage Guaranteed. 

Sec. 19. No power, civil or military, shall at any time 
interfere with or prevent the free and lawful exercise of the 
right of suffrage. 

That provision of the Direct Primary Law which requires a voter 
to vote for both first and second choice (Sess. Laws 1909, p. 196) is 
not in conflict with the above provision of the Constitution. 

Adams vs. Lansdon, 18 Ida. 483; 110 Pac. 280. 

Sec. 19, Art. 1 of the Constitution has reference to the attendance 
of officers, civil or military, at the polls, and prohibits them from 
interfering with the free and lawful exercise of the right of suf¬ 
frage. Ib. 

No Property Qualification Required of 'Electors. 

Sec. 20. No property qualification shall ever be required 
for any person to vote or hold office except in school elections 
or elections creating indebtedness. 

Cited: Pioneer Irrigation District vs. Walker, 20 Ida. 605; 119 
Pac. 304. Ferbrache vs. Drainage District, 23 Ida. 85; 128 Pac. 553. 
Under the provisions of Sec. 20, Art. 1 of the Constitution, the legis¬ 
lature has the power and authority to prescribe a property qualifica¬ 
tion for any person to vote at an election creating an indebtedness. 
Bissett vs. Pioneer Irrigation District, 21 Ida. 98; 120 Pac. 461. 



4 


ELECTION LAWS OF THE STATE OF IDAHO 


Municipal Bond Elections: This section authorizes the imposition, 
in a municipal charter, of a property qualification on the right to vote 
on a proposition for the incurrence of an indebtedness. 

Wiggin vs. City of Lewiston, 8 Ida. 527; 69 Pac. 286. 

ARTICLE III. 

Local and Special Laws Prohibited. 

Sec. 19. The Legislature shall not pass local or special 
laws in any of the following enumerated cases, that is to 
say: 

Providing for and conducting elections, or designating 
the place of voting. 

The local option law (Laws 1909, page 9) is not in conflict with the 
provisions of Art. 3, Sec. 19 of the Constitution. 

Gillesby vs. Board, 17 Ida. 586, 598; 107 Pac. 71. 

ARTICLE VI. 

Secret Ballot Guaranteed. 

Section 1. All elections by the people must be by ballot. 
An absolutely secret ballot is hereby guaranteed, and it 
shall be the duty of the legislature to enact such laws as 
shall carry this section into effect. 

Cross Reference: See notes under Art. 6, Sec. 2. 

Numbering Ballots: Under the provisions of Sec. 1, Art. 6, of 
the State Constitution, it would not be within the power of the legis¬ 
lature to authorize and direct the numbering of ballots to be used 
in an election. 

McGrane vs. Nez Perce County, 18 Ida. 714; 112 Pac. 312. 

There is no separate or distinct qualification provided by the Con¬ 
stitution for voters at elections held in counties, cities, villages or other 
municipalities. To all such elections. Secs. 1 and 2 of Art. 6 apply. 

Pioneer Irrigation District vs. Walker, 20 Ida. 605, 612; 119 
Pac. 304. 

Qualifications of Electors. 

Sec. 2. Except as in this article otherwise provided, every 
male or female citizen of the United States, twenty-one 
years old, who has actually resided in this state or territory 
for six months, and in the county, where he or she offers 
to vote, thirty days next preceding the day of election, if 


ELECTION LAWS OF THE STATE OF IDAHO 


5 


registered as provided by law, is a qualified elector; and 
until otherwise provided by the legislature, women who 
have the qualifications prescribed in this article may con¬ 
tinue to hold such school offices and vote at such school elec¬ 
tions as provided by the laws of Idaho Territory. 

Cross Reference: See notes under Art. 6, Sec. 1. 

Cited: Powell vs. Spackman, 7 Ida. 693; 65 Pac. 503. Knight vs. 
Trigg. 16 Ida. 256; 100 Pac. 1060. 

Registration: Sec. 2, Art. 6 of the Constitution of this State 
commits the subject of registration of voters entirely to the legislature, 
and fully authorizes the legislature to enact such registration law as 
it deems wise; provided, of course, such law in no way contravenes 
any constitutional right of the elector. 

Gillesby vs. Board, 17 Ida. 586; 107 Pac. 71. 

Property Qualification: Sec. 2448 of the Revised Codes is void 
as being in conflict with the provisions of Art. 6, Secs. 1 and 2, pro¬ 
viding a property qualification for electors in drainage districts. 

Ferbrache vs. District, 23 Ida. 85; 128 Pac. 553. 

Registration Unnecessary: Registration is not a substantive 
qualification of an elector in this state. Registration is intended only 
as a regulation of the exercise of the right of suffrage and not as a 
qualification for such right. The terms “elector” and “qualified elec¬ 
tor” are used interchangeably, and an elector is a qualified elector 
(Quarles, J., dissents). 

Wilson vs. Bartlett, *7 Ida. 271; 62 Pac. 416. 

Bond Elections: This section only prescribes the qualifications 
of a voter at a general election, and is not infringed by a provision 
of a municipal charter imposing a property qualification on the right 
to vote on the question of incurring a municipal indebtedness. 

Wiggin vs. Lewiston, 8 Ida. 527; 69 Pac. 286. 

Disqualifications: No disqualification to hold office on account of 
sex which may exist under this section, can be raised in a proceeding, 
instituted after the wrongful removal of the officer, to compel her to 
deliver the papers of the office to her alleged successor. 

Village of Kendrick vs. Nelson, 13 Ida. 244; 89 Pac. 755. 

Disqualification of Certain Persons. 

Sec. 3. No person is permitted to vote, serve as a juror, 
or hold any civil office who is under guardianship, idiotic 
or insane, or who has, at any place, been convicted of trea¬ 
son, felony, embezzlement of the public funds, bartering or 


6 


ELECTION LAWS OF THE STATE OF IDAHO 


selling, or offering to barter or sell his vote, or purchasing 
or offering to purchase the vote of another, or other in¬ 
famous crime, and who has not been restored to the rights 
of citizenship, or who at the time of such election is confined 
in prison on conviction of a criminal offense, or who is a 
bigamist or polygamist, or is living in what is known as 
patriarchal, plural or celestial marriage, or in violation 
of any law of this state, or of the United States, forbidding 
any such crime; or who in any manner teaches, advises, 
counsels, aids or encourages any person to enter into biga¬ 
my, polygamy, or such patriarchal, plural, or celestial mar¬ 
riage, or to live in violation of any such law, or to commit any 
such crime; or who is a member of, or contributes to the 
support, aid, or encouragement of any order, organization, 
association, corporation, or society, which teaches, advises, 
counsels, encourages or aids any person to enter into big¬ 
amy, polygamy or such patriarchal, plural or celestial mar¬ 
riage, or which teaches or advises that the laws of this state 
prescribing rules of civil conduct, are not the supreme law of 
the state; nor shall Chinese or persons of Mongolian descent 
not born in the United States, nor Indians not taxed, who 
have not severed their tribal relations and adopted the 
habits of civilization, either vote, serve as jurors, or hold 
any civil office. . 

Cited: Powell vs. Spackman, 7 Ida. 693; 65 Pac. 503. Adams vs. 
Lansdon, 18 Ida. 483; 110 Pac. 280. 

Requirement of Test Oath: This section is not violated by the act 
of February 25, 1891, prescribing a test oath containing conditions 
of suffrage additional to those prescribed by this section. 

Shepherd vs. Grimmett, 3 Ida. 403; 31 Pac. 793. 

Legislature May Prescribe Additional Qualifications. 

Sec. 4. The Legislature may prescribe qualifications, 
limitations and conditions for the right of suffrage, addi¬ 
tional to those prescribed in this article, but shall never 
annul any of the provisions in this article contained. 

Cited: Powell vs. Spackman, 7 Ida. 693; 65 Pac. 503. Adams vs. 
Lansdon, 18 Ida. 483; 110 Pac. 280. Pioneer Irrigation District vs. 
Walker, 20 Ida. 605; 119 Pac. 304. Ferbrache vs. Drainage District 
No. 5, 23 Ida. 85; 128 Pac. 553. 


ELECTION LAWS OF THE STATE OF IDAHO 


7 


Requirement of Test Oath: This section authorizes the legislature 
to prescribe a test oath as a condition of suffrage, embracing clauses 
additional to those contained in Section 3 of this Article. 

Shepherd vs. Grimmett, 3 Ida. 408; 31 Pac. 793. 

Property Qualifications: This section is sufficiently broad to em¬ 
power the legislature to prescribe property qualifications on the right 
to vote in elections to create an indebtedness. 

Wiggin vs. City of Lewiston, 8 Ida. 527; 69 Pac. 286. 

Residence for Voting Purposes Not Lost or Gained. 

Sec. 5. For the purpose of voting, no person shall be 
deemed to have gained or lost a residence by reason of his 
presence or absence while employed in the service of this 
state, or of the United States, nor while engaged in the 
navigation of the waters of this state or of the United 
States, nor while a student of any institution of learning, 
nor while kept at any almshouse or other asylum at the 
public expense. 

Inmates of Soldiers’ Home: Under the provisions of this section, 
inmates of the Soldiers’ Home cannot acquire, by reason of their pres¬ 
ence in such Soldiers’ Home, and while kept at public expense, the 
right to vote in the county and precinct in which such institution is 
located. (Sullivan, J., dissents). 

Powell vs. Spackman, 7 Ida. 693; 65 Pac. 503. 

Recall. 

Sec. 6. Every public officer in the state of Idaho, ex¬ 
cepting the Judicial officers, is subject to recall by the legal 
voters of the state or of the electoral district from which 
he is elected. The legislature shall pass the necessary laws 
to carry this provision into effect. 

Adopted Nov. 5, 1912. See Laws 1911, page 790; Laws 1913, page 
677. 


ARTICLE XVIII. 

Removal of County Seats. 

Sec. 2. No county seat shall be removed unless upon 
petition of a majority of the qualified electors of the 
county, and unless two-thirds of the qualified electors of 
the county, voting on the proposition at a general election, 
shall vote in favor of such removal. A proposition of 


8 


ELECTION LAWS OF THE STATE OF IDAHO 


removal of the county seat shall not be submitted in the 
same county more than once in six years, except as pro¬ 
vided by existing laws. No person shall vote at any county 
seat election, who has not resided in the county six months, 
and in the precinct ninety days. 

Cross Reference: See Section 467. 

Cited: People vs. George, 3 Ida. 72; 26 Pac. 983. Green vs. State 
Board Canvassers, 5 Ida. 130; 47 Pac. 259. McDonald vs. Doust, 11 
Ida. 14; 31 Pac. 60. 

Application: The limitations imposed by this section on the 
removal of a county seat which has been permanently fixed, do not 
apply to county seats temporarily located in a newly created county. 

Doan vs. Board, 3 Ida. 38; 26 Pac. 167. 

The provisions of this section refer to the removal of a county 
seat from its permanent location, and not to the permanent location 
of a county seat where the legislature has temporarily fixed the county 
seat of a new county, and left it with the electors to select the per¬ 
manent county seat. 

Leach vs. Village of Nez Perce, 24 Ida. —; 133 Pac. 926. 

Signers of Petition: The framers of the Constitution did not in¬ 
tend to prescribe a rule by which a majority of the qualified electors, 
contemplated by this section as signers of the petition for the removal 
of a county seat, should be ascertained, but left that rule to be estab¬ 
lished by the legislature, as was done in Laws 1899, 41, Sec. 6, pro¬ 
viding for county seat elections, and by which the qualified- electors 
who sign the petition need not be registered voters. (Quarles, J., 
dissents). 

Wilson vs. Bartlett, 7 Ida. 271; 62 Pac. 416. 

Under the provisions of Sec. 2, Art. 18 of the Constitution of Idaho, 
the petition for a removal of a county seat must be signed by a ma¬ 
jority of the qualified electors of the county at the time the petition 
is filed. 

Lippincott vs. Carpenter, 22 Ida. 675; 127 Pac. 557. 

Division of Counties. 

Sec. 3. No county shall be divided unless a majority 
of the qualified electors of the territory proposed to be cut 
off, voting on the proposition at a general election, shall 
vote in favor of such division: Provided, That this section 
shall not apply to the creation of new counties. No person 
shall vote at such election who has not been ninety days a 
resident of the territory proposed to be annexed. When 


ELECTION LAWS- OF THE STATE OF IDAHO 


9 


any part of a county is stricken off and attached to another 
county, the part stricken off shall be held to pay its ratable 
proportion of all then existing liabilities of the county 
from which it is taken. 

Cited: People vs. George, 3 Ida. 72; 26 Pac, 983. Sabin vs. Curtis, 
3 Ida. 662; 32 Pac. 1130. McDonald vs. Doust, 11 Ida. 14; 81 Pac. 
60. Blake vs. Jacks, 18 Ida. 70; 108 Pac. 534. 

Division of Territory: This section prohibits cutting off territory 
from one county and annexing it to another without submitting the 
proposition to popular vote, under the guise of an act purporting to cre¬ 
ate two new counties from the territory previously belonging to two ex¬ 
isting counties, and so changing the boundary line between them as to 
give one of the counties a strip of territory which previously belonged 
to the other. The act of March 3, 1891, purporting to create and 
organize the counties of Alta and Lincoln was held on this ground 
to be unconstitutional (Sullivan, C. J., dissents). 

People ex rel. Lincoln County vs. George, 3 Ida. 72; 26 Pac. 983. 

Creation of New Counties: This section and the following one ex¬ 
pressly authorize the creation of new counties, and in the creation 
of such a county, the legislature may make any provision necessary 
to the complete organization of that county not specifically prohibited 
by the Constitution, and may provide for the apportionment of the 
debt of the original county and for transcribing the records. 

Bannock County vs. Bunting, 4 Ida. 156; 37 Pac. 277. 

Liability of Detached Territory: This section continues the lia¬ 
bility of territory, detached from one county and annexed to another, 
for its ratable proportion of the debts of the mother county, and pro¬ 
hibits the legislature from imposing such indebtedness on the county 
to which the detached territory is annexed. (Sullivan, J., dissents). 

Shoshone County vs. Profitt, 11 Ida, 763; 84 Pac. 712. 

ARTICLE XX. 

Amendment to Constitution. 

Sec. 1. Any am'endment or amendments to this Consti¬ 
tution may be proposed in either branch of the legislature, 
and, if the same shall be agreed to by two-thirds of all the 
members of each of the two houses, voting separately, 
such proposed amendment or amendments shall, with the 
yeas and nays thereon, be entered on their journals, and 
it shall be the duty of the legislature to submit such amend¬ 
ment or amendments to the electors of the state, at the 


10 


ELECTION LAWS OF THE STATE OF IDAHO 


next general election, and cause the same to be published 
without delay for at least six consecutive weeks, prior to 
said election in not less than one newspaper of general 
circulation, published in each county; and if a majority of 
the electors shall ratify - the same, such amendment or 
amendments shall become a part of this Constitution. 

Cited: Holmberg vs. Jones, 7 Ida. 752; 65 Pac. 563. Lansdon vs. 
Board of Canvassers, 18 Ida. 596; 111 Pac. 133. 

Proposal of Amendments: An amendment to the Constitution may 
be proposed by joint resolution and need not be presented to the 
people by a formal statute. 

Hays vs. Hays, 5 Ida. 154; 47 Pac. 732. 

Adoption of Amendments: Where a majority of the electors vot¬ 
ing upon a question of amendment of the Constitution vote in favor 
of the amendment, the amendment is ratified, although the votes thus 
cast are not a majority of the votes cast at the general election for 
State officers. 

Green vs. State Board of Canvassers, 5 Ida. 130; 47 Pac. 259. 

Journal Entry of Vote in Legislature: The provisions of this sec¬ 
tion with reference to entering the proposed amendment or amend¬ 
ments, together with the yea and nay vote thereon, upon the journal, 
are mandatory. 

McBee vs. Brady, 15 Ida. 761; 100 Pac. 97. 

When Effective: This section provides that an amendment shall 
become a part of the Constitution upon its ratification, and the legis¬ 
lature has no power to change this provision of the Constitution. 

McBee vs. Brady, 15 Ida. 761; 100 Pac. 97. 

Submission of Several Amendments. 

Sec. 2. If two or more amendments are proposed, they 
shall be submitted in such manner that the electors shall 
vote for or against each of them separately. 

Cited: Green vs. State Board of Canvassers, 5 Ida. 130; 47 Pac. 
259. This provision of the Constitution is mandatory. 

McBee vs. Brady, 15 Ida. 761; 100 Pac. 97. 

Revision or Amendment by Convention. 

Sec. 3. Whenever two-thirds of the members elected to 
each branch of the legislature shall deem it necessary to 
call a convention to revise or amend this Constitution, they 
shall recommend to the electors to vote at the next general 


ELECTION LAWS OF THE STATE OF IDAHO 


11 


election, for or against a convention, and if a majority 
of all the electors voting at said election shall have voted 
for a convention, the legislature shall at the next session 
provide by law for calling the same; and such convention 
shall consist of a number of members, not less than double 
the number of the most numerous branch of the legislature. 

Cited: Green vs. State Board of Canvassers, 5 Ida. 130; 47 Pac. 
259. Holmberg vs. Jones, 7 Ida. 752; 65 Pac. 563. 

Submission of Eevised Constitution to People. 

Sec. 4. Any Constitution adopted by such convention, 
shall have no validity until it has been submitted to, and 
adopted by, the people. 

Cited: Green vs. State Board of Canvassers, 5 Ida. 130; 47 Pac. 
259. Holmberg vs. Jones, 7 Ida, 752; 65 Pac. 563. 






'Iv . I 






GENERAL ELECTION LAWS 


CHAPTEE I. 

GENERAL PROVISIONS. 

Section. Section. 

344. Application of title. 346. Privilege from arrest. 

345. Distribution of copies of law. 

Application of Title. 

Sec. 344. The Provisions hereinafter enacted shall regu¬ 
late and govern all elections hereafter holden in the State 
of Idaho for election of all officers provided for by the Con¬ 
stitution and the laws of the State of Idaho, at either gen¬ 
eral or special elections, except school district elections, and 
such other elections as are in these Codes elsewhere specially 
provided for. 

Cited: Hertle vs. Ball, 9 Ida. 193; 72 Pac. 953. Cunningham vs. 
George, 3 Ida. 456; 31 Pac. 809. Sabin vs. Curtis, 3 Ida. 662; 32 Pac. 
1130. Shoshone Highway District vs. Anderson, 22 Ida. 109; 125 
Pac. 219. 

Distribution of Copies of Law. 

Sec. 345. It shall be the duty of the Secretary of State 
to cause to be published in pamphlet form and distributed, 
through the county auditors of the respective counties, a 
sufficient number of copies of this law, and of such other 
laws as bear upon the subject of elections, as will place a 

copy thereof in the hands of all officers of elections. 

* 

Privilege From Arrest. 

Sec. 346. Electors are privileged from arrest except for 
treason, felony, or breach of the peace, during their attend¬ 
ance on election. 


CHAPTER II. 

TIME FOR HOLDING ELECTIONS. 

Section. Section. 

347. Time for holding elections. 350. Same: Judges. 

348. Officers to be elected: County 351. Same: Presidential electors. 

officers. ?52. Same: Precinct officers. 

349. Same: State officers. 

Time for Holding Elections. 

Sec. 347. A general election shall be held in the several 
precincts in this State on the Tuesday succeeding the first 



14 


ELECTION LAWS OF THE STATE OF IDAHO 


Monday of November, A. D. 1910, and on the Tuesday suc¬ 
ceeding the first Monday of November every alternate year 
thereafter. 

Cited: Kessler vs. Fritchman (dissenting opinion), 21 Ida. 30; 
119 Pac. 692. 

Definition: The “general election” is the election at which all 

State officers are elected. Whether an election is general or special is 
determined, not by the date on which it is held nor the authority 
which designates such date, but by the character of the election. 

Doan vs. Board of Commissioners, 3 Ida. 38; 26 Pac. 167. 

Officers to Be Elected: County Officers. 

Sec. 349. At the general election, A. D. 1910, and every 
fourth year thereafter, there shall be elected in every county 
of the State, a clerk of the District Court, who is ex-officio 
auditor and recorder, and at said general election, and 
every alternate year thereafter, there shall be elected in 
every county of the State, the following officers, to-wit: 
Three county commissioners; a sheriff; county treasurer, 
who is ex-officio public administrator; probate judge; coun¬ 
ty superintendent of public instruction; a prosecuting at¬ 
torney; a county assessor, who is ex-officio tax collector; 
one coroner, and one surveyor. 

Cited: Kessler vs. Fritchman (dissenting opinion), 21 Ida. 30; 
119 Pac. 692. Castle vs. Bannock County, 8 Ida. 124; 67 Pac. 35. 

Vote for Commissioners: While commissioners are elected one 
from each district, the voters of tl^e whole county should cast their 
votes for each of the commissioners, and all the votes so cast should 
be counted in determining who is elected to the board. 

Cunningham vs. George, 3 Ida. 456; 31 Pac. 809. 

Same: State Officers. 

Sec. 349. At the general election, A. D. 1910, and every 
alternate year thereafter, there shall be elected the follow¬ 
ing State officers, to-wit: One Governor, one Lieutenant^ 
Governor, one Secretary of State, one State Treasurer, one 
State Auditor, one Superintendent of Public Instruction, 
one Attorney General, and one Inspector of Mines, and in 
each Representative and Senatorial district of the State 
such Representatives and Senators as they may severally 
be entitled to. Also on the first Tuesday succeeding the 


ELECTION LAWS OF THE STATE OF IDAHO 


15 


first Monday of November, A. D. 1910, and every alternate 
year thereafter, there shall be elected the number of Repre¬ 
sentatives in Congress to which the State may be entitled. 

Cited: Kessler vs. Fritchman (dissenting opinion), 21 Ida. 30; 
119 Pac. 692. 

Same: Judges. 

Sec. 350. At the general election, A. D. 1910, and every 
alternate year thereafter, there shall be elected one Judge 
of the Supreme Court, and at said general election, and 
every fourth year thereafter, there shall be elected in each 
judicial district of the State, one District Judge. 

Cited: Kessler vs. Fritchman (dissenting opinion), 21 Ida. 30; 
119 Pac. 692. 

Same: Presidential Electors. 

Sec. 351. At the general election, A. D. 1912, and every 
fourth year thereafter, there shall be elected such a num¬ 
ber of Electors of President and Vice President of the 
United States as the State may be entitled to in the Elec¬ 
toral College. 

Laws 1909, page 6. 

Cited: Kessler vs. Fjritchman (dissenting opinion), 21 Ida. 30; 
119 Pac. 692. 

Same: Precinct Officers. 

Sec. 352. At the general election, A. D. 1910, and every 
alternate year thereafter, there shall be elected in each 
justice’s precinct, except wards in incorporated cities, two 
justices of the peace and one constable, and all other officers, 
not herein specified, that now are, or hereafter may be, 
created shall, unless otherwise provided, be elected on the 
day of the general election. 

Cited: Kessler vs. Fritchman (dissenting opinion), 21 Ida. 30; 
119 Pac. 692. State vs. Vineyard, 9 Ida. 134; 72 Pac. 824. 

Justices in Cities: This section has no application to the forma¬ 
tion of justices’ precincts and the provision for the election of two 
justices in all precincts “except wards in incorporated cities,” does 
not constitute such wards justices’ precincts, nor prohibit the county 
commissioners from establishing precincts within such cities. 

Johnston vs. Savidge, 11 Ida. 204; 81 Pac. 616. 


16 


ELECTION LAWS OF THE STATE OF IDAHO 


CHAPTEE III. 

NOTICES OF ELECTION. 


Section. Section. 

353. Election proclamation. ' 356. Advertisement of special ques- 

354. Notices of election. tions. 

355. Same: Posting notices. 

Election Proclamation. 

Sec. 353. At least forty days before each general elec¬ 
tion, and whenever he orders a special election, the Gov¬ 
ernor must issue an election proclamation under his hand 
and the great seal of the State of Idaho, and transmit copies 
thereof to the board of commissioners of the counties in 
which such elections are to be held. Such proclamation 
must contain a statement of the time of election and of the 
offices to be filled. 

Cited: Kessler vs. Fritchman (dissenting opinion), 21 Ida. 30; 
119 Pac. 692. 

Notices of Election. 

Sec. 354. The clerks of the several boards of county 
commissioners must, at least twenty days before any gen¬ 
eral election, make out and transmit by registered mail to 
a judge of election of each election precinct, three notices to 
be as nearly as circumstances will admit of as follows: 

''Notice is hereby given that on the Tuesday following the 
first Monday of November next, (or in case of a special 
election state the date thereof), at the (here designate poll¬ 
ing place) in the county of., an election 

will be held for members of Congress, State, county, district 
and precinct officers (naming the candidates and offices 
to be filled as the case may be) (or in the case of a special 
election the question to be voted on) which election shall 
be open at eight o'clock in the morning and will continue 
until seven o'clock in the evening of the same day. Dated 

this.day of., A. D. 19. 

(as the case may be). 

(Signed) . 

Clerk of the Board of County Commissioners." 

Laws 1913, page 376. 







ELECTION LAWS OF THE STATE OF IDAHO 


17 


Same: Posting Notices. 

Sec. 355. The judge of election aforesaid to whom such 
notices are transmitted as aforesaid, must cause to be post¬ 
ed, in three of the most public places of each election pre¬ 
cinct, the notices referring to such election precinct, at least 
fifteen days previous to the time of holding any general 
election. Said notices shall be posted as follow's: One at 
the house or place where the election is authorized to be 
held, and the others at two of the most public and suitable 
places in the precinct. 

Laws 1913, page 377. 

Advertisement of Special Question. 

Sec. 356. Whenever a proposed Constitution or Consti¬ 
tutional amendment, or other question, is to be submitted 
to the people of the State for popular vote, the Secretary of 
State shall duly, and not less than thirty days before elec¬ 
tion, certify the same to the auditor of each county in the 
State. Questions to be submitted to the people of a county 
or municipality shall be advertised in some newspaper of 
general circulation in the county or town to be affected at 
least twice, and twenty days before election. 


CHAPTER IV. 

QUALIFICATIONS OF VOTERS. 


Section. 

357. Qualifications of voters. 

358. Disqualifications. 

359. Soldiers, sailors, students and 

inmates of asylums. 

360. Prostitutes and inmates of 

houses of ill-fame. 


Section. 

361. Same: Examination by reg¬ 

istrar. 

362. Same: Challenge of proposed 

voter. 

363. Same: Penalty for false 

statement. 


Qualifications of Voters. 

Sec. 357. Every person over the age of twenty-one years, 
possessing the qualifications following, shall be entitled to 
vote at all elections: He shall be a citizen of the United 
States and shall have resided in this State six months im¬ 
mediately preceding the election at which he offers to vote, 
and in the county thirty days: Provided^ That no person 
shall be permitted to vote at any county seat election who 


18 


ELECTION LAWS OF THE STATE OF IDAHO 


has not resided in the county six months, and in the precinct 
ninety days, where he offers to vote; nor shall any person 
be permitted to vote at any election for the division of the 
county, or striking off from any county any part thereof, 
who has not the qualifications provided for in Section 3, 
Article 18, of the Constitution; nor shall any person be 
denied the right to vote at any school district election, nor 
to hold any school district office on account of sex. 

The provisions of Section 357 of the Revised Codes, refer to the 
removal of a county seat from its permanent location, and not to the 
permanent location of a county seat where the legislature has tempo¬ 
rarily fixed the county seat of a new county, and left it with the elect¬ 
ors to select the permanent county seat. 

Leach vs. Village of Nez Perce, 24 Ida. —; 133 Pac. 926. 

Disqualifications. 

Sec. 358. No person is permitted to vote who is under 
guardianship, idiotic or insane, or who has at any place 
been convicted of treason, felony, embezzlement of public 
funds, bartering or selling, or offering to barter or sell, his 
vote, or purchasing, or offering to purchase, the vote of 
another, or other infamous crime, and who has not been 
restored to the right of citizenship, or who, at the time of 
such election, is confined in prison on conviction of a crim¬ 
inal offense. 

Test Oath: Constitutionality: A territorial statute withholding 
the elective franchise from polygamists or members of any organiza¬ 
tion which teaches or encourages polygamy, and prescribing a test 
oath is not repugnant to the Federal Constitution. 

Woolley vs. Watkins, 2 Ida. 590; 22 Pac. 102. 

Soldiers, Sailors, Students and Inmates of Asylums. 

Sec. 359. For the purpose of voting, no person shall be 
deemed to have gained or lost a residence by reason of his 
presence or absence while employed in the service of this 
State or of the United States, nor while engaged in the navi¬ 
gation of the waters of this State, or of the United States, 
nor while a student of any institution of learning, nor while 
kept at any almshouse or other asylum at the public ex¬ 
pense. 





ELECTION LAWS OF THE STATE OF IDAHO 


19 


Prostitutes and Inmates of Houses of Ill-Fame. 

Sec. 360. No common prostitute, or person who keeps or 
maintains, or is interested in keeping or maintaining, or 
who resides in or is an inmate of, or frequents or habitually 
resorts to, any house of prostitution or of ill-fame, or any 
other house or place commonly used as a house of prosti¬ 
tution or of ill-fame, or as a house or place of resort of lewd 
persons for the purpose of prostitution or lewdness, or who, 
being male and female, do lewdly and lasciviously cohabit 
together, shall be permitted to register as a voter or to vote 
at any election in this State, and any such person who shall 
so register or vote, or offer or attempt to so register or 
vote, shall, on conviction thereof, be punished by a fine not 
exceeding five hundred dollars, or by imprisonment in the 
county jail not exceeding six months, or by both such fine 
and imprisonment. 

Same: Examination by Eegistrar. 

Sec. 361. Whenever any person within any of the 
prohibited classes mentioned in the preceding section shall 
offer himself or herself for registration, it shall be the duty 
of the registration officer, in addition to offering to said per¬ 
son any elector’s oath provided by law, to examine such per¬ 
son as to his or her qualifications under the preceding sec¬ 
tion, and if such person is not qualified by reason of being 
within the prohibited class, it shall be the duty of the reg¬ 
istration officer to refuse to register such person, and the 
registration officer shall keep a brief memorandum in writ¬ 
ing showing all such examinations and his determination 
thereon. 

Laws 1913, page 377. 

Same: Challenge of Proposed Voter. 

Sec. 362. If any person within any of the prohibited 
classes mentioned in Section 360, shall be registered and 
shall offer to vote, he or she may be challenged for being 
within such prohibited class or classes, and thereupon such 
person shall be examined as to his or her qualifications under 
said section, and if the board of election is satisfied that 


20 ELECTION LAWS OF THE STATE OF IDAHO 

such person is within any such prohibited class, his or her 
vote shall not be received. 

Same: Penalty for False Statement. 

Sec. 363. If any person within any of the prohibited 
classes mentioned in Section 360 shall make any false an¬ 
swer to any such examination, either by such registration 
officer, or on such challenge before board of election, it shall 
be considered and held to be a separate and distinct of¬ 
fense. from any offense mentioned in Section 360, and on 
conviction thereof such person shall, in addition to any 
penalty incurred by any provision of said election, be pun¬ 
ished by a fine not exceeding five hundred dollars, or by 
imprisonment in the county jail not exceeding six months, 
or by both such fine and imprisonment. 

Laws 1913, page 378. 


CHAPTER V. 


ELECTION PRECINCTS, 

Section. 

364. Establishment of election pre¬ 

cincts. 

365. Changing boundaries of pre¬ 

cincts. 

366. Designation and plan of poll-* 

ing places. 

367. Appointment of judges and 

distributing clerks. 


JUDGES AND CLERKS. 

Section. 

368. Same: Vacancies filled by 

election. 

369. Judges to appoint clerks. 

370. Compensation of judges and 

clerks. 


Establishment of Election Precincts. 

Sec. 364. The board of commissioners of each county 
must establish a convenient number of election precincts 
therein. 


Changing Boundaries of Precincts. 

Sec. 365. The board may, from time to time, change 
the boundaries of, create new or consolidate established 
precincts, but they must not alter or change any election 
precinct or change the place of holding election in any pre¬ 
cinct after their regular July meeting next preceding any 
election; Provided, That the precincts established and the 
places designated in which to hold elections at the time of 
the taking effect of this Act shall so remain until changed. 

Laws 1913, page 359. Formerly amended by Laws of 1911, page 581. 


ELECTION LAWS OF THE STATE OF IDAHO 


21 


Designation and Plan of Polling Places. 

Sec. 366. The county commissioners of each county, at 
their meeting in July next preceding any general election, 
shall designate and appoint suitable polling places, through¬ 
out the county, and shall cause the same to be suitably pro¬ 
vided with a sufficient number of voting shelves or compart¬ 
ments, at or in which voters may conveniently mark their 
ballots, so that in the marking thereof they may be screened 
from the observation of others, and a guard rail shall be so 
constructed and placed’ that only such persons as are inside 
said rail can approach within ten feet of the ballot boxes 
and of such voting shelves, places or compartments as are 
herein provided for. The arrangement shall be such that 
neither the ballot boxes nor the voting shelves or compart¬ 
ments shall be hidden from view of those just outside the 
said guard rail, and such polling places shall be as near as 
practicable in the following form: 


22 


ELECTION LAWS OF THE STATE OF IDAHO 


Compartments 


Distributing Clerk 


Gate 

I 


Rail 


Entrance 


Clerk 

O 



O 




Gate 



Constable 



















ELECTION LAWS OF THE STATE OF IDAHO 


23 


The number of such voting shelves or compartments shall 
not be less than one for every fifty electors, or fraction 
thereof, registered in the precinct, and the expense of pro¬ 
viding such polling places, compartments, guard rails, and 
all necessary supplies, shall be a public charge, and shall 
be provided for in the same manner as all other election 
expenses. Each voting shelf or compartment shall be kept 
provided with proper supplies and conveniences for mark¬ 
ing the tickets. At their regular meeting in July next pre¬ 
ceding any election, the board of county commissioners of 
each county shall, as far as necessary, alter or divide the 
election precincts in such manner that each election pre¬ 
cinct shall not contain more than six hundred voters: 
Provided, That in precincts containing less than twenty-five 
registered voters the election may be conducted under the 
provisions of this title without the preparation of such 
booths or compartments as are required in this section. 

In all municipal elections the duties specified in this sec¬ 
tion as devolving on the county commissioners, shall devolve 
on the officers in each city or town whose duty it is to desig¬ 
nate and appoint polling places therein. 

Appointment of Judges and Distributing Clerk. 

Sec. 367. It is the duty of the county commissioners, 
at their regular session in July next preceding a general 
election, to appoint three capable and discreet persons 
possessing the qualifications of electors, such persons to 
act as judges of election at each election precinct; and the 
clerk of the board must make out and deliver to the sheriff 
of the county, immediately after the appointment of such 
judges, a notice thereof, in writing, directed to the judges 
so appointed; and the sheriff, within ten days of the receipt 
of said notice, must serve the same upon each of the said 
judges of election by registered mail. If in any precinct 
any of said judges do not serve, the voters of said precinct 
may elect a judge or judges to fill the vacancy on the morn¬ 
ing of the election, to serve at such election. The selec¬ 
tion of officers must, as nearly as practicable, represent all 
the different political parties or principles represented by 
the nominees in each county. It shall be the duty of the 


24 


ELECTION LAWS OF THE STATE OF IDAHO 


judges to designate one of their number whose duty it shall 
be to perform the duty which heretofore has belonged to 
the distributing clerk. 

All such judges of election shall hold office for two years, 
unless sooner removed by the board of county commission¬ 
ers and shall act at all state and county elections. 

Laws 1913, Page 378, approved March 10, 1913. Formerly amended 
1913 Laws, page 93, approved February 17, 1913. 

Same: Vacancies Filled by Election. 

Sec. 368. If in any precinct any of said judges do not 
serve, the voters of said precinct may elect a judge or 
judges to fill the vacancy, on the morning of election, to 
serve at such election. The election of officers must, as 
nearly as practicable, represent all of the different political 
parties or principles represented by the nominees in each 
county. 

Laws 1913, page 93. 

Judges to Appoint Clerks. 

Sec. 369. The judges must choose two persons having 
similar qualifications with themselves to act as clerks of the 
election. The said judges shall be and continue judges of 
all elections of civil officers to be held at their respective 
wards or precincts until other judges are appointed and 
the said clerks of the election may continue to act as such 
during the pleasure of the judges of election. The County 
Commissioners must from time to time fill all vacancies 
which may occur in the office of judges of election at any 
election precinct within their respective counties. 

Laws 1913, page 93. 

Compensation, of Judges and Clerks. 

Sec. 370. It is the duty of the clerk of the board of com¬ 
missioners of each county, on the receipt of the returns of 
any general or special election, to make out his certificate, 
stating therein the compensation to which the judges and 
clerks of the election are entitled for their services, and lay 
the same before the county commissioners at their next 
session, and the board of commissioners must order the 


ELECTION LAWS OF THE STATE OF IDAHO 


25 


compensation paid out of the county treasury. The com¬ 
pensation of judges of election and clerks is four dollars per 
day, and of constables, on duty at polling places, three 
dollars per day. 


CHAPTER VI. 


DIRECT PRIMARY ELECTIONS. 


Chapter 6 of Title 3 of the Political Code was repealed 
by the 1909 Session Laws, page 196, which provides a com¬ 
plete system for primary elections. 


Section. 

1. How nominated. 

2. Defining political party. 

3. When election shall be held. 

4. Who can become a candidate. 

5. Form of nomination paper and 

when to be filed. 

6. Pee to be paid or petition filed. 

7. Amount of fee and to whom 

paid. 

8. Nomination papers. Where 

filed. 

9. Percentage required to sign 

petition. 

10. Acceptance of nomination: 

When filed. 

11. Who may nominate candi¬ 

dates. 

12. Secretary of State to transmit 

certified list. Non-partisan 
judiciary. 

13. Publication by County Audit¬ 

ors. 

14. Official primary ballot to be 

printed. 

15. Manner of voting. 

16. Who shall pay for supplies. 

17. Qualifications of voters. 

18. False swearing: Punishment. 

19. Forgery: Punishment. 

20. Time of opening and closing 

polls. 

21. General laws applicable. 

22. Sales of liquor prohibited on 

election day. 


Section. 

23. Duties of Secretary of State 

and County Auditors. 

24. Expenditures of money by 

candidates. 

25. Same: Statement of expenses. 

26. Same: Neglect to file: Pen¬ 

alty. 

27. Improper influences prohib¬ 

ited: Penalty. 

28. Same: Personal expenses. 

29. County central committees: 

Elections and duties. 

30. Platforms: How promulgated. 

31. Candidate nominated on more 

than one ticket. 

32. Canvassing votes. 

33. Tally sheets: Form. 

34. Candidates: Who nominated. 

35. Same: Tie: Determination. 

36. Ballots: Clerk of county com¬ 

missioners to retain. 

37. Canvass by county commis¬ 

sioners. 

38. State Board of canvassers: 

Duties. 

39. Vacancies: How filled. 

40. U. S. Senators: Vote to be 

certified to legislature. 

41. Candidates for legislature 

may file declaration of 
choice for U. S. Senator. 

42. U. S. Senators: Election. 


How Nominated. 

Sec. 1. Hereafter all candidates of political parties for 
Congress, and for all elective State, District and County 
offices, at regular elections, shall be nominated at a primary 
election conducted substantially according to the provisions 
of this Act. 

Laws 1909, page 197. 

Construed: State ex rel. Spofford vs. Gifford, 22 Ida. 613; 126 
Pac. 1060. 


26 


ELECTION LAWS OF THE STATE OF IDAHO 


Defining Political Party. 

Sec. 2. A political party within the meaning of this 
Act, is an affiliation of electors representing a political or¬ 
ganization under a given name, which at the last preceding 
general election cast for any candidate on their ticket for 
office within the State at least ten per cent of the total vote 
cast for all candidates for the same office within the State, 
and upon which ticket there were at least three nominees 
for State offices. 

Laws 1909, page 197. 

Construed: State ex rel. Spofford vs. Gifford, 22 Ida. 613; 126 
Pac. 1060. 

When Election Shall Be Held. 

Sec. 3. A Primary Election shall be held on the first 
Tuesday of September, 1914, and biennially thereafter, for 
the nomination of candidates required to be nominated ac¬ 
cording to the provisions of this Act to be voted for at 
the succeeding general election in November. 

Laws 1913, page 348. 

Historical: Laws 1909, page 197, fixed time as last Tuesday m 
August. Laws 1911, page 571, fixed time as last Tuesday in July. 

Who Can Become a Candidate. 

Sec. 4. Any person legally qualified to hold such office is 
entitled to become a candidate for office, and to have his 
name placed upon the ballot provided for any primary au¬ 
thorized herein, upon a substantial compliance with the 
terms of this Act, and not otherwise. 

Laws 1909, page 197. 

Form of Nomination Paper, and When to Be Filed. 

Sec. 5. Each candidate for office, or some qualified voter 
in his behalf, shall file a nomination paper in the proper 
office, as herein provided, at least thirty days, and not more 
than sixty days, prior to the primary to be held to nomi¬ 
nate candidates for such office, in substantially the follow¬ 
ing form, to-wit: 


ELECTION LAWS OF THE STATE OF IDAHO 


27 


‘‘I, the undersigned, being a qualified elector of. 

precinct,.County, State of Idaho, and a 

member of the.party, hereby nominate 

.who resides in the town of 

.. .. precinct, 

.County, State of Idaho, as a candi¬ 
date for the office of., to be voted for at 

the primary to be held on the.day of., 

19., and certify that he is legally qualified to fill said of¬ 

fice, and represents the principles of said party. And I 
hereby declare that I intend to support said candidate for 
said office, and that I have signed no other nomination paper 
for a candidate for the same office, and believe that said 
person would accept said nomination.’’ All blank spaces 
shall be properly filled in with the necessary information. 
Said nomination paper shall be subscribed and sworn to 
before some officer authorized to administer oaths. Pro¬ 
vided, that the nomination paper of any candidate for the 
office of Justice of the Supreme Court or district judge, shall 
not state the party affiliation of such candidate, nor the par¬ 
ty affiliation of the elector filing such nomination paper. 

Laws 1913, page 349; was formerly Laws 1909, page 197. 

Provisions Mandatory: The provisions of this section in regard 
to the filing of nomination papers are mandatory. 

Seawell vs. Gifford, 22 Ida. 295; 125 Pac. 182. 

The Secretary of State is justified in refusing to file any nomination 
paper which is not presented for filing at least 30 days before the 
day fixed for holding the primary election. 

Seawell vs. Gifford, 22 Ida. 295; 125 Pac. 182. 

Fee to Be Paid or Petition Filed. 

Sec. 6. A fee shall be paid, or in lieu thereof a petition 
shall be filed by, or on behalf of, each candidate for office at 
the time of the filing of his nomination paper. 

Laws 1913, page 349. Formerly Laws 1909, page 198. 

Amount of Fee and to Whom Paid. 

Sec. 7. The fee to be paid by, or on behalf of, any can¬ 
didate, in case no petition be filed asking for his nomination 
as authorized herein shall be the sum of $2.00 for any office 













28 


ELECTION LAWS OF THE STATE OF IDAHO 


with a salary of $300 or less per annum; when such salary 
exceeds the sum of $300 per annum an additional sum equal 
to one per cent thereof on such excess. 

Said fees to be paid to the following officers, to-wit: 

When the candidacy is for a Congressional State or Dis¬ 
trict office embracing more than one county, the fee shall 
be paid to the Secretary of State to be paid by him to the 
State Treasurer, and when for district offices for more than 
one county the same shall be divided equally between the 
counties composing such district and paid to the respective 
treasurers thereof, and the Secretary of State shall issue 
all necessary warrants for such payments on the State 
Treasurer. When such fees are for county offices such fees 
shall be paid to the county auditors, and by them to the re¬ 
spective county treasurers. 

Laws 1913, page 349. Formerly Laws 1909, page 198. 

Nomination Papers: Where Filed. 

Sec. 8. All nomination papers herein required shall be 
filed as follows: 

For candidates for Congress, State officers and officers of 
districts that comprise more than one county, and to ex¬ 
press a preference for United States Senator, in the office 
of the Secretary of State. For candidates to be voted for 
wholly within one county, in the office of the County Auditor 
of such county. 

Laws 1913, page 350. Changes materially the section as it pre¬ 
viously existed. Laws 1909, page 198. 

Percentage Required to Sign Petition. 

Sec. 9, Laws of 1909, page 199, repealed by Laws 1913, 
page 350. 

Acceptance of Nomination: When Filed. 

Sec. 10. Within 5 days after a nomination paper has 
been filed if for a county office and within 10 days if for 
any other office, there shall be filed in the same office, an ac¬ 
ceptance of said nomination signed by the candidate therein 
nominated, in default of which the name of said person 


ELECTION LAWS OF THE STATE OF IDAHO 


29 


shall not be placed upon the ballot as a candidate for such 
office: Provided, No acceptance need be filed where a candi¬ 
date executes and files his own nomination paper. And 
Provided further, That this section shall not prevent the ac¬ 
ceptance by said person of a nomination for the same office 
made by other legal nomination papers duly filed. 

Laws 1913, page 350. Formerly Laws 1909, page 199. 

Time for Acceptance: Under the provisions of this section the time 
for filing an acceptance of nomination by a candidate is computed 
by excluding the first day and including the last day, unless the last 
day is a holiday, in which case it is also excluded and the candidate 
has the following legal day to file his acceptance. 

Seawell vs. Gifford, 22 Ida. 295; 126 Pac. 182. 

Who May Nominate Candidates. 

Sec. 11. Any organization of electors not governed by 
the terms of this Act may nominate candidates in the man¬ 
ner provided by existing laws: Provided, That all conven¬ 
tions for the nomination of candidates to be voted for at 
a general election shall be held on the same day as the 
primaries are held under this law to nominate candidates 
for the same positions. 

Laws 1909, page 199. 

Time for Holding Conventions: Under the provisions of this sec¬ 
tion “any organization of electors not governed by the terms” of 
the act must hold their conventions for the nomination of candidates 
on the same day that the direct primary election is held. 

State ex rel. Spofford vs. Gifford, 22 Ida. 613; 126 Pac. 1060. 

Convention Defined: “Convention” as used and employed in the 
direct primary election law, means an organized body of delegates or 
representatives assembled for the purpose of making nominations, and 
does not have reference to a mass meeting or assemblage of persons 
who represent themselves only, but is intended to be an assemblage 
or body selected or appointed by some class, body or party of electors 
as representatives of the people, party or district making the selection 
or appointment. 

State ex rel. Spofford vs. Gifford, 22 Ida. 613; 126 Pac. 1060. 

Secretary of State to Transmit Certified List: Non-Partisan Judiciary. 

Sec. 12. At least twenty days before any primary in 
September, the Secretary of State shall transmit to each 
county auditor within the State a certified list containing 


30 


ELECTION LAWS OF THE STATE OF IDAHO 


the name, postoffice address, and party designation of each 
person entitled to be voted for at such primary, within the 
respective counties, and the office for which he is a candi¬ 
date, as appears from the nomination papers filed in the 
office of the Secretary of State. Provided, Said list shall 
not contain the party designation of candidates for Justice 
of the Supreme Court and district judges. 

Laws 1913, page 350. Originally Laws 1909, page 199, amended by 
Laws 1911, page 571. 

Publication, by County Auditors. 

Sec. 13. The county auditor of each county shall cause 
to be published a notice containing the names and addresses 
of all persons for whom nomination papers have been filed 
in his office, and them shown by the certificates from the 
Secretary of State, under the proper party designation and 
title of each office; giving the date of the primary to be 
held to nominate candidates for such offices, the hours dur¬ 
ing which the polls will be open, and that the primary will 
be held at the regular polling place in each precinct; and 
the names of candidates for each office shall appear in 
alphabetical order according to the letters of the surname; 
said notice to be published at least once a week for two 
successive weeks in two newspapers published within said 
county, representing the two political parties that received 
the largest vote at the last general election, if there are 
two such papers published within his county, and if not, 
then in two newspapers representing such parties which 
shall have an extensive general circulation Within said 
county; and shall cause to be posted in a conspicuous place 
a copy of such notice at the regular polling place in each 
precinct, and at or near each postoffice situated within said 
county. 

Laws 1909, page 200. 

Official Primary Ballot to Be Printed. 

Sec. 14. As soon as possible after the time has expired 
for the filing of nomination papers in his office, and the re¬ 
ceipt of the certified list of candidates from the Secretary 
of State, the county auditor of each county shall prepare 


ELECTION LAWS OF THE STATE OF IDAHO 


31 


a form of official ballot for each political party which has 
qualified as hereinbefore provided and which has candi¬ 
dates regularly nominated for office; the names of candi¬ 
dates for each office shall be arranged thereon alphabeti¬ 
cally according to the first letter of the surname of each 
candidate. The official primary ballot shall be printed 
therefrom in the following manner: The name of candi¬ 
dates under headings designating each official position shall 
be alternated thereon in the printing in the following man¬ 
ner, namely: 

First: The form shall be set up with the names of candi¬ 
dates in the order in which they appear upon the form of 
official ballot prepared by the county auditor; in printing 
each set of official ballots for the various election precincts 
the position of the names shall be changed in each office 
division as many times as there are candidates in the office 
division or group in which there are the most names; as 
nearly as possible an equal number of ballots shall be print¬ 
ed after each change. In making the changes of position 
the printer shall take the line of type at the top of each 
office division and place it at the bottom of that division, 
shoving up the columns so that the name that was second be¬ 
fore shall be first after the change. After the ballots are 
printed, before being cut they shall be kept in separate piles 
for each change of position and shall then be piled, taking 
one from each pile, and placing it upon the pile to be cut; 
the intention being that every other ballot in the pile of 
printed sheets shall have the names in different position. 
After the piles are made in this manner they shall be cut 
and placed in blocks of one hundred ballots in each block, 
every other ballot in such blocks to have the names in dif¬ 
ferent positions, as nearly as practicable. The said ballots 
shall be prepared in substantially the form of sample bal¬ 
lots hereto attached. For each party there shall be a sep¬ 
arate ballot uniform in size and printing, white and printed 
in black ink. Across the top of each ballot shall be printed 
in plain type: 

First. The words '‘Official Primary Ballot.’' 

Second. The name of the party. 


32 


ELECTION LAWS OF THE STATE OF IDAHO 


Third. The name of the county in which the ballot is to 
be used. 

Fourth. 'Instructions. You may at your option vote for 
both first and second choice if there are more than twice as 
many candidates as there are positions. To vote for a per¬ 
son for first choice make a cross (X) in the first square at 
the right of the name of the person for whom you desire to 
vote. To vote for a person for second choice make a cross 
(X) in the second square to the right of the name of the 
person for whom you desire to vote. You may vote for any 
qualified elector whose name is not printed on the ballot by 
writing the name of the person thereon under the appro¬ 
priate heading and making a cross (X) in the proper square 
at the right of such name. Do not vote for the same person 
for both first and second choice. In voting for candidates 
for Justice of the Supreme Court and District Judge you 
should vote for twice as many candidates as there are posi¬ 
tions to be filled at the ensuing general election. After 
marking the ballot hand it to a judge to be placed in the bal¬ 
lot box for votes.’^ 

Each ballot shall be divided by a line into three equal 
columns. In the first, or left hand column, shall be the 
names of candidates for United States Senator, Represen¬ 
tatives in Congress and State offices, excepting Judicial offi¬ 
ces. In the second column shall be the names of all candi¬ 
dates for the legislature and all county offices. In the third 
column, above which shall be printed the heading "Non- 
Partisan Judicial Candidates,'' shall be placed the names 
of all candidates for Justice of the Supreme Court and 
District Judge to be voted for in such county under the 
names of the offices but without reference to party affil¬ 
iation. A blank space shall be provided under each offi¬ 
cial heading, in order that a voter may write in the name 
of a candidate for any office. On the same line with the 
official designation of the office shall be the instruction, 
"Vote for.giving the number of can¬ 

didates to be voted for, in case there is more than one of¬ 
ficer of the same official designation to be nominated. Pro¬ 
vided, That, in the case of Justice of the Supreme Court and 



ELECTION LAWS OF THE STATE OF IDAHO 33 

District Judges the instruction shall be to vote for twice 
as many candidates as there are positions to be filled at the 
ensuing general election. Provided, further. That in the 
case of precinct committeemen the instruction shall be to 
write in the name of one qualified elector of the precinct 
for a member of the county central committee. To the. 
right of the name of each candidate, and in the blank 
space and on the same line therewith, shall be two squares, 
above the first column of which shall be the words, “First 
Choice,” and above the second column of which shall be 
the words, “Second Choice/^ except that the column of 
“S'econd Choice” squares shall not appear on the ballot in 
connection with the third column containing the names of 
the candidates for Justice of the Supreme Court and Dis¬ 
trict Judges. The ballot herein provided for and required 
shall be in substantially the following form: 


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ELECTION LAWS OF THE STATE OF IDAHO 


35 


OFFICIAL PRIMARY BALLOT 

.Party. 

County, Idaho. “Instructions: You may at your option vote 
for both first and second choice in case there are more 
than twice as many candidates as there are positions. To 
vote for a person for first choice make a cross (X) in 
the first square at the right of the name of the person 
for whom you desire to vote. To vote for a person for 
second choice make a cross (X) in the second square at 
the right of the name of the person for whom you desire 
to vote. You may vote for any qualified elector whose name 
is not printed on the ballot by writing the name of such 
person thereon under the appropriate heading and making 
a cross (X) in the proper square at the right of such name. 
Do not vote for the same person for both first and second 
choice. In voting for candidates for Justice of the Su¬ 
preme Court and District Judge you should vote for twice 
as many candidates as there are positions to be filled at the 
ensuing general election. In the space provided therefor, 
write in the name of one qualified elector of your precinct 
for member of the county central committee. After mark¬ 
ing the ballot hand it to a judge to be placed in the ballot 
box for votes. 

Laws 1913, page 351. Originally laws 1909, page 200, amended by 
Laws 1911, page 571. 

Cited: Adams vs. Lansdon, 18 Ida. 483; 110 Pac. 280. 

Manner of Voting. 

Sec. 15. Each vote shall be by ballot, printed as herein 
provided. When an elector offers to vote he shall call 
for the ballot of the political party of which he is a mem¬ 
ber, and shall have the right to receive the ballot of such 
party only. He may be challenged on the ground that he is 
not a member of the political party for whose ballot he 
asks, and if challenged the following oath of affirmation 
shall be administered to him by one of the judges of elec¬ 
tion : 

“Do you solemnly swear (or affirm) that you are a mem¬ 
ber of the.party, that you intend to af- 









36 ELECTION LAWS OF THE STATE OF IDAHO 

filiate with such party at the next general election and that 
you intend in good faith to support its candidates gener¬ 
ally.” 

If upon being required to make such oath or affirmation by 
a judge of election he refuses to do so he shall not be permit¬ 
ted to receive a ballot nor allowed to participate in such pri¬ 
mary election. Each voter shall upon receiving the ballot 
of his party retire to one of the booths and, without delay, 
mark the ballot received by him and fold it so that its face 
shall be concealed. He shall thereafter deliver said ballot 
received by him to one of the judges of election, and it shall 
be deposited by said judge in the ballot box for votes. In 
the event said voter shall soil or deface the ballot he desires 
to vote, he shall at once return the ballot received by him and 
get a new ballot, and the election officer shall place the ballot 
returned in the ballot box provided for waste ballots. 

Laws 1913, page 355. Formerly Laws of 1909, page 203. 

Who Shall Pay for Supplies. 

Sec. 16. All ballots, blanks and other supplies to be used 
at any primary hereby authorized, and the expenses neces¬ 
sarily incurred in the preparation for, or conducting of such 
primary, shall be paid out of the county treasury, in the 
same manner and with like effect, and by the same officers 
as in the case of general elections. 

Laws 1909, page 203. 

Qualification of Voters. 

Sec. 17. No person shall be qualified to vote at any pri¬ 
mary unless he will be a qualified elector of the county and 
State at the next general election and at the time of the 
primary be duly registered in the precinct wherein he offers 
to vote. 

Laws 1909, page 203. 

False Swearing: Punishment. 

Sec. 18. Any person who wilfully, knowingly or corruptly 
swears falsely to any material fact in a nomination paper, 
or relative to his qualifications as a voter upon registration 
or at a primary, shall be guilty of perjury, and upon con- 


ELECTION LAWS OF THE STATE OF IDAHO 


37 


viction thereof shall be punished as provided in the Penal 
Code. 

Laws 1909, page 203. 

Forgery: Punishment. 

Sec. 19. Any person who shall write the name of another 
person as a signer or witness to a nomination paper, without 
his consent in presence of at least one witness, shall be 
deemed guilty of forgery, and upon conviction thereof shall 
be punished as provided in the Penal Code. 

Laws 1909, page 203. 

Time of Opening and Closing Polls. 

Sec. 20. The polls in the several election precincts on the 
day that any primary is held shall be open from ten o’clock 
in the morning until eight o’clock in the evening of said 
day. No adjournment or intermission whatever shall take 
place until the polls shall be closed, and the votes counted, 
and the result publicly announced. 

Laws 1909, page 203. 

General Law Applicable. 

Sec. 21. The provisions of the general laws relative to 
the holding of elections, the appointment of judges and 
clerks of election, the solicitation of voters at the polls, the 
challenging of voters, the manner of conducting elections, 
the officers and duties thereof at elections, the counting of 
ballots and making returns of the results, the canvassing of 
returns, and all other provisions relating to general elec¬ 
tions, shall apply to primaries in so far as they are applica¬ 
ble and consistent with the provisions of this Act, the intent 
of this Act being to place the holding of primaries for the 
nomination of candidates for office, under the protection 
and regulation of general laws now in force as far as pos¬ 
sible, adding thereto the special features herein contained. 

Laws 1909, page 203. 

Sales of Liquor Prohibited on Election Day. 

Sec. 22. Any person who shall sell or give away any malt, 
spirituous or vinous liquors on any day on which a primary 


38 


ELECTION LAWS OF THE STATE OF IDAHO 


is held, as required by this law, shall be guilty of a mis¬ 
demeanor, and upon conviction thereof shall be punished 
as provided in the Penal Code. 

Laws 1909, page 204. 

Duties of Secretary of State and County Auditors. 

Sec. 23. The Secretary of State shall provide copies of 
this law and transmit the same to the county auditors of 
each county, at least sixty days before any primary election 
preceding a general election, and the county auditors of 
each county shall send at least one copy thereof to the proper 
election officer in each precinct, together with the other elec¬ 
tion supplies, for use at such primary. 

Laws 1909, page 204. 

Expenditures of Money by Candidates. 

Sec. 24. No person shall in order to aid or promote his 
own nomination to an office under the provisions of this 
law, directly or indirectly, himself or through any other per¬ 
son, give, pay, expend or contribute, promise to give, pay, 
expend or contribute any money or other valuable thing or 
service, except for personal expenses. The words '‘personal 
expenses’" as used in this law shall include only expenses di¬ 
rectly incurred and paid by a candidate for traveling and for 
purposes directly incidental to traveling, and for writing, 
printing, and preparing for transmission any letters, circu¬ 
lar, or other publication, whereby he states his position or 
views upon public or other questions; for cards, stationery 
and postage, and for the necessary expenses in hiring halls 
or other room for the purpose of holding public meetings to 
address the voters and others, upon public questions and 
matters relating to his candidacy. Provided; That no can¬ 
didate for nomination to any office at any primary held un¬ 
der the provisions of this Act shall expend for personal 
expenses, or at all, in order to aid or promote his own nom¬ 
ination to such office more than twenty-five per cent of the 
yearly compensation or salary attached to such office, if he 
be a candidate for any State office, member of Congress or 
United States Senator; nor more than fifteen per cent if he 
be a candidate for District Judge; nor more than ten per 




ELECTION LAWS OF THE STATE OF IDAHO 


39 


cent if he be a candidate for any county office, except 
county commissioner; nor more than one hundred dollars 
if he be a candidate for county commissioner or member of 
the legislature. 

Laws 1911, page 576. Formerly Laws 1909, page 204. 

Application: Under the provisions of this section a candidate is 
prohibited from expending more than 15 per cent of the yearly salary 
of the office which he seeks, and this expenditure includes the nomi¬ 
nation fee. 

Adams vs. Lansdon, 18 Ida. 483; 110 Pac. 280. 

Candidate Defined: Adams vs. Lansdon, 18 Ida. 483; 110 Pac. 280. 

Lawfulness of Expenditure: Under the direct primary law the 
purpose of the expenditure by a candidate is the test of its lawfulness 
without reference to the time at which’ it was made. 

Adams vs. Lansdon, 18 Ida. 483; 110 Pac. 280. 

Same: Statement of Expenses. 

Sec. 25. Every candidate for nomination under the terms 
of this Act or any amendment thereto shall not more than 
twenty days after the day of holding of the primary elec¬ 
tion at which he is a candidate, file an itemized state¬ 
ment in writing, duly sworn to as to its correctness, with 
the officer with whom his declaration of candidacy or other 
nomination paper is filed, setting forth each sum of money 
and thing of value or any consideration whatever, con¬ 
tributed, paid or promised by him or any one for him, with 
his knowledge or acquiescence for the purpose of securing 
or influencing, or in any way affecting his nomination to 
said office. Said statement to set forth sums paid as per¬ 
sonal expenses and stating fully the nature, kind and char¬ 
acter of the expenses for which the sums were expended 
separately and the party or parties to whom the sums were 
paid and the purpose for which such payments were made; 
and in this statement all sums or other considerations prom¬ 
ised and not paid shall be included. Such statements when 
so filed shall immediately be subject to the inspection and 
examination of any elector and shall be and become a part 
of the public records. And the county auditor or Secretary 
of State must notify all candidates not later than ten days 
after the primary election that the filing of such statement 
is required. 


40 


ELECTION LAWS OP THE STATE OF IDAHO 


Laws 1911, page 577. Formerly Laws 1909, page 204. 

Construed: Adams vs. Lansdon, 18 Ida. 483; 110 Pac. 280. Fuller 
vs. Corey, 18 Ida. 558; 110 Pac. 1035. 

Same: Neglect to File: Penalty. 

Sec. 26. Any candidate for nomination for any office 
under the terms of this Act who shall fail, neglect or refuse 
to file with the proper officer the statement provided for in 
Section 25 within the time provided therein or who shall 
fail to fully set out and detail any and all sums of money 
or other thing of value or consideration expended, paid, 
contributed or promised as in Section 25 provided shall be 
guilty of a misdemeanor, and on conviction fined not less 
than one hundred ($100.00) dollars and not more than five 
hundred ($500.00) dollars and be imprisoned in the county 
jail not less than thirty (30) days and not more than six 
(6) months and shall be ineligible to become a candidate 
for the office for which he is then a candidate. Any candi¬ 
date who shall fail to fully set out and detail such statement 
as hereinbefore required shall be and is hereby prohibited 
from having hjs name appear on the official ballot as a can¬ 
didate and a vacancy shall thereby be created and exist for 
the nomination for which said person was a candidate and 
be filled as other vacancies under the terms of this Act. 

Laws 1909, page 205. 

Cited: Adams vs. Lansdon, 18 Ida. 483; 110 Pac. 280. Fuller vs. 
Corey, 18 Ida. 558; 110 Pac. 1035. 

Improper Influences Prohibited: Penalty. 

Sec. 27. Any person who shall solicit, request, demand 
or receive directly or indirectly any money, intoxicating 
liquor, or any other thing of value, or promise thereof, 
either to influence his vote or to be used or under the pre¬ 
tense of being used to procure the vote of any other person 
or persons, or to be used at any poll or other place prior to 
or on the day of an election under this Act for or against 
any candidate for office, or for or against any measure or 
question to be voted upon at such election, shall be guilty 
of a misdemeanor and upon trial and conviction thereof be 
punished by a fine of not less than $100.00 or more than 


ELECTION LAWS OF THE STATE OF IDAHO 


41 


$500.00, or by imprisonment in the county jail of not less 
than thirty days nor more than six months, or by both such 
fine and imprisonment. 

Laws 1909, page 205. 

Same: Personal Expenses. 

Sec. 28. Any candidate for nomination for office under 
the provisions of this law who shall, directly or indirectly, 
himself or through another person, give, pay, expend or 
contribute, or promise to give, pay, expend or contribute, 
any money or other valuable thing or service, except for 
personal expenses, as herein defined, in order to aid or 
promote his own nomination as a candidate for such office, 
shall be guilty of a misdemeanor, and upon conviction there¬ 
of he shall be punished as provided in the Penal Code, and 
shall be disqualified to become a candidate for the office for 
which he seeks to be nominated, or to hold said office should 
he be elected thereto; and it shall be a misdemeanor for 
any person, association or corporation to receive or accept 
any money or thing of value, promise or consideration for 
the support or advocacy of the nomination of any person 
other than as herein defined as ''Personal Expenses.” 

Laws 1909, page 205. 

Cited: Adams vs. Lansdon, 18 Ida. 483; 110 Pac. 280. 

County Central Committees: Elections and Duties. 

Sec. 29. At the primary election held on the first Tues¬ 
day in September as herein provided, each voter may write 
in the space left on the ticket for that purpose, the name of 
one qualified elector of the precinct in which he is voting 
for a member of the county central committee of the party 
of which he is a member. The one receiving the highest 
number of votes shall be committeeman of such precinct. 
The county central committee of each political party in 
each county shall consist of the precinct committeeman 
elected in the several precincts of the county at the primary 
election. Such committee shall serve until their successors 
are elected in like manner at the following primary election. 
The county central committee so elected shall meet at the 
court house at the county seat of each county at twelve 


42 


ELECTION LAWS OF THE STATE OF IDAHO 


o’clock M. on the 10th day after the primary election and 
organize by electing a chairman, secretary and such other 
officers as they may desire, who shall hold office during the 
pleasure of such committee, and at the same time and place 
they shall also elect one qualified elector of the same poli¬ 
tical party as a member of the State central committee of 
that party, and the State central committee shall consist 
of one such committeeman from each county. 

The county central committee of each county shall meet 
on the Second Tuesday of June prior to the primary election 
and elect delegates belonging to the same political party 
to attend a State platform convention of such party, to 
be held at the time and place herein provided. The num¬ 
ber of delegates to be elected by such county central com¬ 
mittee shall be a number equal to three times the number 
of State representatives to be elected from such county at 
the general election therein for that year. No proxies shall 
be allowed in such convention but the members of the dele¬ 
gation from each county in actual attendance shall be en¬ 
titled to cast the full vote of such delegation on all ques¬ 
tions arising in such convention. 

The State central committee of each political party 
shall meet at the seat of State government on the third 
Tuesday in September after the primary election, and or¬ 
ganize by electing a chairman, vice-chairman, secretary 
and other officers. 

The county or State central committee shall have the 
power to make its own rules and regulations, may fill va¬ 
cancies in said committees or authorize the chairman to 
fill the same, fill vacancies on the ticket, provide for the 
nomination of candidates to fill such vacancies, provide for 
the nomination of Presidential Electors and for officers not 
required to be nominated as herein specified, and may per¬ 
form all other functions inherent in such organizations by 
virtue of law or custom and not inconsistent with the terms 
of this law, the same as if this law had not been enacted. 

The State central committee is hereby empowered to 
call State conventions for the election of delegates to at¬ 
tend the National conventions of their respective parties 
as may be provided by law. 


ELECTION LAWS OF THE STATE OF IDAHO 


43 


The State platform convention of all political parties, 
subject to the provisions of this Act, shall meet at the seat 
of State government at twelve o’clock M. on the last Tues¬ 
day in June before the primary election, and shall forth¬ 
with organize and by majority vote, adopt and promul¬ 
gate the party principles and declarations of their respect¬ 
ive parties, and shall, within three days after assembling 
file a copy of such platform with the Secretary of State, 
which copy shall be certified as the platform of such poli¬ 
tical party by the chairman and secretary of such conven¬ 
tion. 

Laws 1913, page 356. Originally Laws 1909, page 206, amended 
Laws 1911, page 577. 

Precinct Officers: Precinct officers may, under the provisions of 
this section, be nominated in any reasonable way provided by a party 
committee organization. 

Adams vs. Lansdon, 18 Ida. 483; 110 Pac. 280. 

Platforms: How Promulgated. 

Sec. 30. If the nominees of the respective parties for 
county offices desire to adopt and promulgate any principles, 
declarations or pledges, they shall meet at the county seat 
of such county at twelve o’clock M., on the third Tuesday 
of September after the primary election, and forthwith or¬ 
ganize and by a majority vote, adopt their platform and file 
the same with the county auditor of such county within 
twenty-four hours thereafter, which said platform shall be 
duly certified by the chairman and secretary of such meet¬ 
ing. 

Laws 1911, page 578. Formerly Laws 1909, page 207. 

Candidate Nominated on More Than One Ticket. 

Sec. 31. If a voter shall write upon his ticket the name 
of any person who is a candidate for the same office upon 
some other ticket, said ballot shall be counted for such per¬ 
son as a candidate of the party upon whose ticket his name 
is written, and shall in no case be counted for such person 
as a candidate upon any other ticket. In case a person is 
nominated upon more than one ticket, he shall file with the 
proper officer a written declaration indicating the party 


44 


ELECTION LAWS OF THE STATE OF IDAHO 


designation under which his name is to be placed on the 
official ballot. 

Laws 1909, page 207. 

Canvassing Votes. 

Sec. 32. The votes at such primary election shall be 
canvassed in the manner provided by the general election 
laws as nearly as practicable. The same officers shall be 
used at primary elections as provided for general elections. 
When ballots are taken from the ballot boxes, the ballots of 
each party shall be placed in a separate pil'e and when the 
canvass is completed the ballots of each party shall be se¬ 
curely fastened together. The judges shall count the ballot 
of each party separately and the clerks shall carefully enter 
the number of both first and second choice votes for each 
candidate on the tally sheets provided therefor, and when 
the count is completed shall ascertain the total vote cast for 
each candidate, and publicly announce the result and post 
the same at the front of the polling place. 

Laws 1911, page 579. Formerly Laws 1909, page 207. 

Tally Sheets: Form. 

Sec. 33. Two sets of tally sheets for each political party 
having candidates to be voted for at a primary election 
shall be furnished with the other supplies, and shall be 
practically as follows: 

Each tally sheet, or the first page of each tally book, 

shall be headed, “Tally sheet for... 

(name of political party),........(Name of 

County),.(Name of election pre¬ 
cinct),...(for primary held), 

(Date). The names of candidates shall be placed on the 
tally sheets in the order in which they appear on the offi¬ 
cial ballots, and in each case shall have the proper party 
designation at the top thereof, excepting for Justice of the 
Supreme Court and District Judges; in other particulars 
said tally sheets shall be of similar form to those used at 
the general election. 

Laws 1913, page 357. Formerly Laws 1909, page 207. 






ELECTION LAWS OF THE STATE OF IDAHO 


45 


Candidates: Who Nominated. 

Sec. 34. The person receiving the highest number, and 
not less than forty per cent of the first choice votes at a 
primary election as the candidate of the party for an office 
shall be a candidate of that party for such office, and his 
name as such candidate shall be placed on the official ballot 
at the following general election; Provided, That if no 
candidate at the primary election shall receive as many as 
forty per cent of the first choice votes, then and in that 
event a canvass shall be made of the second choice votes 
received by the candidates for said office and said second 
choice votes shall be added to the first choice votes received 
by each candidate for such office, and the candidate receiv¬ 
ing the highest number of first and second choice votes 
shall be the nominee for such office of the party nominating 
him, and his name as such candidate shall be placed on the 
official ballot at the following general election. Provided, 
That if no second choice votes are cast for any candidate 
for such office the person receiving the highest number of 
the first choice votes for such office shall be the candidate 
of his party for that office. 

Candidates for Justice of the Supreme Court and Dis¬ 
trict Judges shall be determined as follows: The num¬ 
ber of candidates equaling the number of judicial positions 
to be filled who receive the highest number of votes at the 
primary election, and an equal number of candidates for 
such positions (provided there are such candidates) who 
receive the next highest number of votes, shall be the can¬ 
didates for such respective offices, and their names shall 
appear on the general election ballot under the designation 
of such respective offices. The names of all candidates for 
Justice of the Supreme Court and District Judges to be 
voted for in each county shall be placed on the general 
election ballot in a separate column to the right of the 
columns used for the nominees of political parties and 
at the top of each column shall be placed the words ‘'Non- 
partisan Judicial Candidates.'' Immediately under such 
heading shall be printed the following instructions to vot¬ 
ers: “To vote for a person make a cross (X) in the 


46 


ELECTION LAWS OF THE STATE OF IDAHO 


square at the right of the name of the person for whom 
you desire to vote.” 

Under the headings ‘Tor Justice of the Supreme Court” 
and “For District Judge” shall be placed respectively the 
nam’es of all candidates entitled to be voted for to fill 
such offices, and under such designations and immediately 
preceding such names shall appear the following: “Vote 

for...” giving the number of such offices to 

be filled at such general election. 

Laws 1913, page 358. Originally Laws 1909, page 208, amended 
Laws 1911, page 579. 

Same: Tie: Determination: 

Sec. 35. Should two or more candidates of a political 
party receive the same number of votes for the same office, 
the tie shall be determined by lot by the candidates; if for a 
county office in presence of the county canvassing board, 
and if for a district or State office or member of Congress 
before the State canvassing board. 

Laws 1909, page 208. 

Ballots: Clerk of County Commissioners to Retain. 

Sec. 36. After all ballots have been counted they shall be 
locked in a ballot box, and the returns for all parties, show¬ 
ing the number of first and second choice votes received by 
each candidate, shall be securely sealed in an envelope and 
sent to the clerk of the board of county commissioners. 

Laws 1909, page 208. 

Canvass by County Commissioners. 

Sec. 37. As soon as all the returns are received and not 
later than the eighth day after a primary election, the 
board of county commissioners shall meet at a board of 
canvassers, and canvass and make abstracts of the votes 
for the respective candidates for the different offices, and 
shall certify to the Secretary of State the number of first 
and second choice votes received in such county by all can¬ 
didates for United States Senator, Representatives in Con¬ 
gress, State and District offices. Said board shall certify to 
the county auditor the names of persons nominated by the 



ELECTION LAWS OF THE STATE OF IDAHO 


47 


different parties for the respective offices to be voted for at 
the ensuing general election in such county only. 

Laws 1913, page 359. Formerly Laws 1909, page 208. 

State Board of Canvassers: Duties. 

Sec. 38. For the purpose of canvassing the result of the 
primary held as herein provided, the State board of can¬ 
vassers shall meet at the office of the Secretary of State, 
at 10 o'clock in the forenoon of the fifteenth day thereafter. 
Said board shall canvass the votes for the candidates for 
United States Senator, Representatives in Congress, State 
and District offices, and shall certify the nominees of the 
different parties therefor to the Secretary of State, not less 
than thirty-five days before the date of the general election 
ensuing. The said board shall also certify the candidates 
for Justice of the Supreme Court and District Judges who 
are entitled to have their names placed on the official bal¬ 
lot for the general election. 

Laws 1913, page 359. Formerly Laws 1909, page 209. 

Vacancies: How Filled. 

Sec. 39. Vacancies occurring after the holding of any 
primary may be filled by the party committee of the State, 
district or county, as the case may be, or by a convention 
of the party , duly organized, as may be most agreeable to 
the party organization. 

Laws 1909, page 209. 

TJ. S. Senators: Vote to Be Certified to Legislature. 

Sec. 40. It shall be the duty of the Secretary of State to 
certify to both houses of the legislature the names of the 
persons of each political party for whom a majority of the 
votes of his party were cast for United States Senator at 
any primary under the provisions of this law, at which the 
voters expressed a preference for United States Senator; 
and in the event no one received a majority of the votes of 
his party for such office, then and in that case the Secre¬ 
tary shall certify the name of the person who received the 
largest number of votes for both first and second choice; 
said certificates to be filed with the presiding officer of each 


48 ELECIION LAWS OF THE STATE OF IDAHO 

house upon the first day of any session of the legislature 
convening next after said primary. 

Laws 1909, page 209. See Seventeenth Amendment to the Federal 
Constitution and Laws 1913, page 433, providing for direct election of 
U. S. Senators. 

Candidates for Legislature May File Declaration of Choice for 
TJ. S. Senator. 

Sec. 41. Any candidate for nomination for the office of 
state senator or member of the house of representatives 
may^ if he chooses to do so, sign and file with his declara¬ 
tion of candidacy or nomination paper a declaration as 
follows: 

'‘I hereby declare that during my term of office, if elected, 
I will always vote for the candidate for United States Sena¬ 
tor who has received a majority of the first choice votes 
upon my party ticket, and in the event no one has received 
a majority of the first choice votes, then I will vote for the 
candidate of my party who has received the largest number 
of both first and second choice votes for that position at 
the primary held next preceding the election of a United 
States Senator.'' 

And in such case there shall be printed on the official pri¬ 
mary ballot opposite or just below said candidate's name 
the following words: "‘Pledged to vote for party choice 
for U. S. Senator." 

Laws 1909, page 209. See Seventeenth Amendment to Federal Con¬ 
stitution and Laws 1913, page 4:33, providing for direct election of 
U. S. Senators. 

TJ. S. Senators: Election. 

That from and after the ratification of the amendment 
to the Constitution of the United States providing for the 
’election of United States Senators by popular vote, at every 
general election last preceding the expiration of the term 
of office of a United States Senator from the State of Idaho, 
the primary and election laws shall apply to the office of 
United States Senator in the same manner as they apply 
to the office of Representatives in Congress. 


ELECTION LAWS OF THE STATE OF IDAHO 


49 


The officers charged with the duty of preparing primary 
and election ballots shall enter the names of candidates for 
nomination for United States Senator upon the primary 
election ballot and the nominees for said office upon the 
ballot for the general election. 

Upon the primary ballot, the names of candidates for 
United States Senator shall be arranged and printed as are 
names of candidates for Representative in Congress, but 
in order of precedence upon the ballot immediately pre¬ 
ceding the names of candidates for Representative in Con¬ 
gress. 

Upon the election ballot the names of nominees for United 
States Senator shall be printed immediately above the hor¬ 
izontal line preceding the names of nominees for Represent¬ 
ative in Congress. 

It shall be the duty of the canvassing board of precinct, 
county and State, to canvass and make returns upon the 
votes cast for United States Senator in the same manner as 
is provided by law with respect to candidates for Repre¬ 
sentative in Congress. 

Laws 1913, page 433. 


CHAPTER VII. 
NOMINATIONS. 


Section. 

382. Nomination by convention. 

383. Certificate of nomination. 

384. Certificates to be filed where. 

385. Nominations other than by 

convention. 

386. Restrictions on independent 

nominations. 

387. Preservation of certificates. 


Section. 

388. Time of filing certificates: 
Publication of nominations. 

389. Names of candidates to be 

certified by Secretary of 
State. 

390. Declination of nomination. 

391. Mode of filling vacancies. 

392. Use of stickers on tickets. 


Nominations by Convention. 

Sec. 382. Any convention or primary meeting, as here¬ 
inafter defined, held for the purpose of making nominations 
to public office, and also electors to the number hereinafter 
specified, may nominate candidates for public office to be 
filled by election within the State. A convention or pri¬ 
mary meeting, within the meaning of this chapter, is an 


50 


ELECTION LAWS OF THE STATE OF IDAHO 


organized assemblage of electors or delegates representing 
a political party or principle. 

What Constitutes a Convention: This section does not prescribe 
the number of people requisite to constitute a convention or primary 
meeting under the statute. 

Baker vs. Scott, 4 Ida. 596; 43 Pac. 76. 

“Convention” as used and employed in the direct primary election 
law, means an organized body of delegates or representatives assem¬ 
bled for the purpose of making nominations, and does not have ref¬ 
erence to a mass meeting or assemblage of persons who represent 
themselves only, but is intended to be an assemblage or body selected 
or appointed by some class, body or party of electors as representa¬ 
tives of the people, party or district making the selection or ap¬ 
pointment. 

State ex rel. Spofford vs. Gifford, 22 Ida. 613; 126 Pac. 1060. 

Certificate of Nomination. 

Sec. 383. All nominations made by such convention or 
primary meeting shall be certified as follows: The certifi¬ 
cate of nomination, which shall be in writing, shall contain 
the name of each person nominated, his residence, his busi¬ 
ness, and the office for which he is named, and shall desig¬ 
nate in not more than five words, the party or principle 
which such convention or primary meeting represents, and 
it shall be signed by the presiding officer and secretary of 
such convention or primary meeting, who shall add to their 
signatures their respective places of residence and their 
business. Such certificates, made out as herein required, 
shall be delivered by the secretary or president of such con¬ 
vention or primary meeting to the Secretary of State or to 
the county auditor, as hereinafter required. 

Cited: State ex rel. Spofford vs. Gifford, 22 Ida. 613; 126 Pac. 
1060. 

Certificates to Be Filed Where. 

Sec. 384. Certificates of nominations of candidates for 
offices to be filled by the electors of the entire State, or of 
any division or district greater than a county, shall be filed 
with the Secretary of State. Certificates of nomination for 
county and precinct officers shall be filed with the auditors 
of the respective counties wherein the officers are to be 


ELECTION LAWS OF THE STATE OF IDAHO 


51 


elected. Certificates of nomination for municipal offices 
shall be filed with the clerks of the respective municipal 
corporations wherein the officers are to be elected. 

Cited: Cunningham vs. George, 3 Ida. 456; 31 Pac. 809. State 
ex rel. Spofford vs. Giiford, 22 Ida. 613; 126 Pac. 1060. 

Nominations Other Than by Convention. 

Sec. 385. Candidates for public offices may be nominated, 
otherwise than by convention or primary meeting, in the 
following manner: A certificate of nomination, containing 
the name of a candidate for the office to be filled, with such 
information as is required to be given in certificate provided 
for in Section 383, shall be signed by electors residing with¬ 
in the district or political division in and for which the 
officer or officers are to be elected, in the following numbers: 
The number of signatures, when the nomination is for a 
State office, shall not be less than three hundred; for a dis¬ 
trict office, or subdivision of the State, including two or 
more counties, the number of signatures shall not be less 
than one hundred and fifty; for a county office not less 
than fifty; and for a township, precinct or ward office, 
not less than ten; Provided, That the said signatures need 
not all be appended to one paper. Each elector signing a 
certificate shall add to his signature his place of residence 
and his business. Such certificates may be filed as pro¬ 
vided for in Section 384, in the same manner and with the 
same effect as a certificate of nomination made by a party 
convention or primary meeting; Provided, That the clerk 
of the district court shall certify to the Secretary of State, 
the county auditor or the clerk of the municipality, as the 
case may be, that all the signers of the certificates are qual¬ 
ified electors and registered according to law for the en¬ 
suing election. 

Laws 1913, page 378. 

Independent Candidates: Where a petition nominating a candi¬ 
date for office is signed by a sufficient number of electors and is filed 
in due form within the time required by law, the candidate named 
thereon is entitled to have his name appear on the official ballot, but 
not upon the ticket of any particular party. 

Phillips vs. Curtis, 4 Ida. 193; 38 Pac. 405. 


52 


ELECTION LAWS OF THE STATE OF IDAHO 


Same: Number of Signers: Since members of the legislature are 
not officers required to be voted for by the electors of the entire state, 
they do not come within the class who, when nominated as independ¬ 
ent candidates, require a petition to be signed by 300 electors. 

Phillips vs. Curtis, 4 Ida. 193; 38 Pac. 405. 

Application: The statutes of this state do not permit the nomina¬ 
tion of candidates for presidential electors or congress by petition. 
The above section does not include such officers. 

State ex rel. Spofford vs. Gifford, 22 Ida. 613; 126 Pac. 1060. 

Same: Eestrictions on Independent Nominations. 

Sec. 386. No certificate of nomination shall contain the 
name of more than one candidate for each office to be filled 
and, where the certificate of nomination is signed by elec¬ 
tors under the provisions of the preceding section, there 
shall be a separate certificate for each candidate for office. 
No person who voted at a primary election at which a can¬ 
didate for any office was nominated, shall be allowed to join 
in nominating, under the provisions of the preceding sec¬ 
tion, a candidate for such office to be voted for at the same 
general election, and no person who voted at a general pri¬ 
mary at which a candidate for any office was nominated, 
shall accept a nomination made under the provisions of the 
preceding section for such office to be voted for at the same 
general election. No person shall join in nominating more 
than one person for each office to be filled, and no person 
shall accept a nomination to more than one office. The name 
of no more than one person nominated under the provisions 
of the preceding section, shall be placed in any one col¬ 
umn on the official ballot for the general election and no 
party designation shall be used for any candidate or candi¬ 
dates so nominated. 

Laws 1913, page 360. 

Cited: State ex rel. Spofford vs. Gifford, 22 Ida. 613; 126 Pac. 1060. 

Signers of Petition: Persons who participated in nominating one 
person for an office at a political convention of one party, cannot 
afterwards sign a petition nominating another person for the same 
office. 

Phillips vs. Curtis, 4 Ida. 193; 38 Pac. 405. 

Preservation of Certificates. 

Sec. 387. The Secretary of State, the auditors of the sev- 


ELECTION LAWS OF THE STATE OF IDAHO 


53 


eral counties, and the clerks of the several municipal cor¬ 
porations, shall cause to be preserved, in theix respective 
offices, for one year, all certificates of nominations filed in 
their respective offices under the provisions of this chapter. 
All such certificates shall be open to public inspection under 
the proper regulations to be made by the officers with whom 
the same are filed. 

Time for Filing Certificates. 

Sec. 388. Certificates of nomination to be filed with the 
Secretary of State shall be filed not more than sixty days 
and not less than thirty-five days before the day fixed by 
law for the election of the persons in nomination. Certifi¬ 
cates of nomination herein directed to be filed with the 
county auditor shall be filed not more than sixty days and 
not less than twenty-five days before election. Certificates 
for the nomination of candidates for municipal offices shall 
be filed with the clerks of the respective municipal corpora¬ 
tions not more than thirty days and not less than ten days 
previous to the day of election: Provided, That the time 
specified for filing certificates of nominations, as provided 
in this section, shall not be held to apply to nominations for 
special elections to fill vacancies caused by death, resigna¬ 
tion or otherwise. 

Publication of Nominations. 

As soon as the county auditor shall have received the in¬ 
formation required to be certified to him by the Secretary 
of State as provided in Section 389 of the Revised Codes of 
Idaho, it shall be his duty to compile in ballot form the in¬ 
formation contained in said certificate together with the 
information contained in all certificates of nomination to 
county and precinct officers which may be filed with him 
as the nominees to be voted on at the next succeeding gen¬ 
eral election and cause the same to be published for two (2) 
weeks in not less than two (2) nor more than four (4) 
newspapers published within the county. Said publication 
shall be, as far as possible, in the form in which such nom¬ 
ination shall appear upon the official.ballots. In the case of 
municipal elections such publication of the names of candi¬ 
dates for municipal officers shall be made in newspapers 


54 


ELECTION LAWS OF THE STATE OF IDAHO 


which are published within the municipality where the elec¬ 
tion is to be held. In making said publications county audi¬ 
tors shall keep in view the object of giving information as 
far as possible to the largest number of voters of all politi¬ 
cal parties. 

As soon as the city or village clerk shall have received 
the certificates of nomination for the city or village offices 
as are required to be filed with him under Section 388 of 
the Revised Codes of Idaho, it shall be his duty to compile 
in ballot form the information contained in said certificates 
and cause the same to be published for one (1) week in two 
(2) newspapers of general circulation in such city or vil¬ 
lage. 

Laws 1909, page 297. 

Names of Candidates to Be Certified by Secretary of State. 

Sec. 389. Not less than thirty days before an election to 
fill any public office, the Secretary of State shall certify to 
the county auditor of each county within which any of the 
electors may by law vote for candidates for such office, the 
name and description of each person nominated for such 
office, as specified in the certificates of nomination filed with 
the Secretary of State. 

Declination of Nomination. 

Sec. 390. Whenever any person nominated for public 
office, as in this chapter provided, shall, at least thirty days 
before election, except in the case of municipal elections, 
in a writing signed by him, and certified to by the registrar 
of the precinct where the person nominated resides, notify¬ 
ing the officer with whom the certificate nominating him is 
by this chapter required to be filed, that he declines such 
nomination, such nomination shall be void. In municipal 
elections such declination must be made at least ten days 
before the election. 

Mandatory Provision: The provision of this section requiring 
declination of nominees to be filed at least thirty days before election 
is mandatory, and the auditor may refuse to accept a declination pre¬ 
sented for filing within thirty days of the election. 

Napton vs. Meek, 8 Ida. 625; 70 Pac. 945. 


ELECTION LAWS OF THE STATE OF IDAHO 


55 


Mode of Filling Vacancies. 

Sec. 391. Should any person so nominated die before the 
printing of the tickets, or decline the nomination as in this 
chapter provided, or should any certificate of nomination 
be or become insufficient or inoperative from any cause, 
the vacancy or vacancies thus occasioned may be filled in 
the manner required for original nominations. If the orig¬ 
inal nomination was made by a party convention which had 
delegated to a committee the power to fill vacancies, such 
committee may, upon the occurring of such vacancies, pro¬ 
ceed to fill the same. The chairman and secretary of such 
committee shall thereupon make and file with the proper 
officer a certificate setting forth the cause of the vacancy, 
the name of the person nominated, the office for which he 
was nominated, the name of the person for whom the new 
nominee is to be substituted, the fact that the committee 
was authorized to fill vacancies, and such further informa¬ 
tion as is required to be given in an original certificate of 
nomination. The certificate so made shall be executed in 
the manner prescribed for the original certificate of nomi¬ 
nation, and shall have the same force and effect as an orig¬ 
inal certificate of nomination. When such certificate shall 
be filed with the Secretary of State, he shall, in certifying 
the nominations to the various county auditors, insert the 
name of the person who has thus been nominated to fill a 
vacancy in place of that of the original nominee. And in 
the event that he has already sent forth his certificate, he 
shall forthwith certify to the auditors of the proper coun¬ 
ties the name and description of the person so nominated to 
fill a vacancy, the office he is nominated for, the party or 
political principle he represents, and the name of the person 
for whom such nominee is substituted. 

Use of Stickers on Tickets. 

Sec. 392. When any vacancy occurs before election day 
and after the printing of the tickets, and any person is 
nominated according to the provisions of this chapter to 
fill such vacancy, the officer whose duty it is to have the 
tickets printed and distributed, shall thereupon have printed 
a requisite number of stickers, and shall mail them by reg¬ 
istered letter to the judges of election in the various pre- 


56 


ELECTION LAWS OF THE STATE OF IDAHO 


cincts interested in such election. The distributing clerk, 
whose duty it is made by the provisions of this title to dis¬ 
tribute the tickets, shall affix such stickers in the proper 
place on each ticket before it is given out to the elector. 

CHAPTEE VIII. 

REGISTRATION OF ELECTORS. 

Chapter 8 of Title 3 of the Political Code was repealed 
by Chapter 92 of the 1913 Session Laws, page 368, which 
provides a complete system of registration. 

Section. 

1. Registration in general. 

2. Registration officers. 

3. Notice of registration: Time 

of registration. 

4. Electors’ oath: Registrar’s 

return: Filing: Registration 
of election day. 

5. Electors’ register. 

6. Transfer of registration. 

7. Poll lists. 

Eegistration in General. 

Sec. 1. No elector shall register for any election in the 
State of Idaho, except as hereinafter provided, and it shall 
not be necessary for any elector who has registered and 
voted at the last general election to register again for any 
general or special election, unless such elector shall remove 
his residence into another county, or shall fail to vote at a 
general election. 

Laws 1913, page 368. 

Registration Officers. 

Sec. 2. The registration officers of each county in the 
State shall be the clerk of the district court, justices of the 
peace, and notaries public, and they shall receive and hear 
all applications for registration and register all legally 
qualified voters, as herein set forth, whenever application 
shall be made to them; Provided, That no elector shall be 
registered by any of the above named officers within thirty 
days next preceding any election at which he desires to vote. 
And, Provided, further, That no elector shall be registered 
on Sunday, or any legal holiday, except as herein provided. 

Laws 1913, page 368. 


Section. 

8. Same: Cancellation of regis¬ 

tration. 

9. Mandate to compel registra¬ 

tion. 

10. Supplies. 

11. Compensation of registration 

officers. 

12. Electors’ oath: Special qual¬ 

ifications. 


ELECTION LAWS OF THE STATE OF IDAHO 


57 


Notice of Eegistration: Time of Registration. 

Sec. 3. The board of county commissioners must, at 
their first meeting in July next preceding any general elec¬ 
tion, cause notice to be given for not less than fifteen days 
by publication in some newspaper in the county, if there be 
one, otherwise by at least three notices posted up in differ¬ 
ent parts of each precinct in the county, one of which must 
be at the door of the polling place in each precinct, giving 
the names and general description of election precincts and 
the location of each polling place; and that all justices of 
the peace, notaries public and the clerk of the district court 
within the county, are registration officers, and that regis¬ 
tration may be made at any time up to nine, o'clock P. M. 
on the thirtieth day next preceding the primary election 
and at any time between the day after such primary elec¬ 
tion and nine o'clock P. M. on the thirtieth day next pre¬ 
ceding the general election. 

Laws 1913, page 369. 

Cited: Sec. 394 was cited in Gillesby vs. Board, 17 Ida. 586; 107 
Pac. 71. Shoshone Highway District vs. Anderson, 22 Ida. 109, 125; 
125 Pac. 219. 

Elector’s Oath: Registrar’s Return: Filing: Registration on 
Election Day. 

Sec. 4. Any elector desiring to be registered shall make 
application to any registration officer in the county wherein 
he resides and shall take and subscribe the following Elec¬ 
tor's Oath before such registration officer: 

‘'Elector's Oath." 

I do swear (or affirm) that I am a citizen of the United 
States of the age of twenty-one (21) years, or will be on 
the.day of.- A. D. 19 , (nam¬ 

ing the date of the next succeeding election) ; that I have 
(or will have) actually resided in the State of Idaho for 

six (6) months, and in the county of. 

for thirty (30) days, next preceding said date (in case of 
any election requiring a different time of residence so 
make it), that I have never been convicted of treason, fel¬ 
ony, embezzlement of public funds, bartering or selling, or 
offering to barter or sell my vote, or purchasing or offer- 






58 


ELECTION LAWS OF THE STATE OF IDAHO 


ing to purchase the vote of another, or other infamous 
crime, without thereafter being restored to the rights of 
citizenship; that I will not commit any act in violation of 
the provisions in this Act contained; that I am not now 
registered or entitled to vote at any other place in this 
State; that I do regard the Constitution of the United States 
and the laws thereof, and the Constitution and laws of the 
State of Idaho, as interpreted by the courts, as the supreme 
law of the land; (When made before a judge of election, 
add: '‘and I have not previously voted at this election”) 
so help me God. 


Subscribed and sworn to before me this.day of 

.-., 19 . 


(Official designation of Officer).” 

The applicant shall be required to answer under oath, 
and the officer making the registration shall attest the 
answers to the questions contained in the “Registrar’s Re¬ 
turn,” which shall be attached to the “Elector’s Oath” and 
which shall be substantially as follows: 

“REGISTRAR’S RETURN” 

State of Idaho, County of.ss. 

Personally appeared., the appli¬ 

cant above named, who, being by me first duly sworn, did 
depose as follows: 

Name of applicant. 

Male or female... 

Age . 

Place of nativity. 

Residence (street and No.). 

Has applicant been registered before in the State of Ida¬ 
ho, and if so where?. 

Has such registration been cancelled, transferred, or 

lapsed? . 

(Designate which) 

(the following to be filled in by registration officer when 
necessary). I further certify that I (or any qualified elector. 
















ELECTION LAWS OF THE STATE OF IDAHO 


59 


naming him) ^examined said applicant touching his citizen¬ 
ship and that said applicant produced his certificate of natu¬ 
ralization (or in lieu of the foregoing) ; That said appli¬ 
cant was unable to produce his certificate of naturalization, 
and that he stated positively, under oath, the time when, 
and the place and court where, he was naturalized and by 
his own (and—or) other testimony made it satisfactorily 
appear to me that he has been duly naturalized; and that 
his certificate thereof has been lost, destroyed, or is be¬ 
yond his control. 


(Official designation of Officer). 

Residing at. 

(Here insert postoffice address.) 

The ^‘Elector's Oath"’ so subscribed and ‘‘Registrar's Re¬ 
turn" shall be by such registration officer, filed with the 
clerk of the district court not later than one week after 
the date of such registration, and in no case later than the 
twenty-fifth day next preceding any election at which the 
elector desires to vote. 

In case the “Registrar's Return" shall show that such 
applicant is, at the time, registered in another county in 
this State, and that such registration has not been can¬ 
celled, transferred or lapsed, it shall be the duty of the 
clerk of the district court in which the “Registrar's Re¬ 
turn" is filed to at once notify by mail, the clerk of the 
district court of the county wherein such elector is regis¬ 
tered of the fact of such elector's new registration, and 
any clerk of the district ocurt so receiving such notice shall 
at once cancel the name of such elector in his Elector's Reg¬ 
ister and make appropriate entries showing such cancel¬ 
lation. 

Any elector may be registered in the county in which 
he resides, on the day of any election, before any judge of 
election in the precinct in which he is qualified to vote, in 
the same manner as before one of the registration officers 
hereinbefore mentioned, but such applicant must be iden¬ 
tified and vouched for by some freeholder in such precinct. 




60 


ELECTION LAWS OF THE STATE OF IDAHO 


who shall take and subscribe an oath in substantially the 
following form: 

“State of Idaho, County of......ss. 

I, the undersigned, being first duly sworn on oath, de¬ 
pose and say; that 1 am a freeholder and registered voter 

of.Precinct, County of., 

State of Idaho; that I am personally acquainted with 
(Here insert the name of applicant) that he possesses the 
qualifications prescribed in Section 357 of the Revised 
Codes of Idaho, and acts amendatory thereof. 


Subscribed and sworn to before me this, 
day of., 19. 


(Election Judge).” 

It shall be the duty of the judge of election so registering 
any elector to transmit the “Elector’s Oath,” “Registrar’s 
Return” and such freeholder’s oath to the clerk of the dis¬ 
trict court at the same time that he transmits his poll list 
as hereinafter set forth. 

Laws 1913, Page 369. 

Cited: Section 396 was cited in Gillesby vs. Board, 17 Ida., 586, 
596; 107 Pac. 71. Wilson vs. Bartlett, 7 Ida. 271; 62 Pac. 416. 

Power to Administer Oath. This section confers upon the regis¬ 
trar the power to administer oaths. 

Territory vs. Anderson, 2 Ida. 573; 21 Pac. 417. 

Electors’ Register. 

Sec. 5. The clerk of the district court shall record the 
names of all registered electors, whose “Elector’s Oaths,” 
accompanied by “Registrars’ Returns,” have been filed in 
his office, in a book to be known as “Elector’s Register.” 
Such book shall remain on file in his office, and shall at all 
times during office hours be open to public inspection, and 
the names shall be recorded therein as nearly as practicable 
alphabetically according to surname, and the precincts ar¬ 
ranged numerically or alphabetically, as the case may be. 

The Elector’s Register shall be so divided as to provide 
the necessary number of pages for recording by precinct, 
the names of all registered electors; at the top of each page 










ELECTION LAWS OP THE STATE OF IDAHO 


61 


shall be the words, ....County, 

.Precinct.’^ (Inserting the name 

of the county and precinct to which the electors named on 
such page belong.) 

Each page shall also be ruled and headed substantially 
as follows: 

Name of elector. Male or female. 


Age. Place of nativity. 


Naturalization papers. Yes. Residence St. and No. 

No. 


Date of Registration. Before whom. 

(Give name of officer.) 


Cancelled by Failure to vote at general election 


(Give date.) Transfer to .County 

Transfer to .Precinct 


and the clerk of the district court shall make the appro¬ 
priate entry in each column, using for this purpose the 
elector's oath and the registrar's return of the officers 
making the registration. 

Laws 1913, page 372. 

Transfer of Registration. 

Sec. 6. Where a registered elector removes from a pre¬ 
cinct where he is registered to another precinct within the 
same county, he may have his name transferred upon the 
Elector's Register to the precinct to which he has moved 
at any time before registration is closed for the particular 
election at which he desires to vote, upon application to the 
clerk of the district court. Whenever such application is 
made, it shall be the duty of the clerk of the district court, 
if he is satisfied of the identity of the applicant, and that 
the application is true and is made in good faith, to transfer 
the name of the elector so applying from the precinct in 
which he is registered to the precinct to which he has re¬ 
moved, in the Elector's Register, and he shall make the ap¬ 
propriate entries in such register, showing such transfer. 










62 


ELECTION LAWS OF THE STATE OF IDAHO 


Whenever, from any cause, it is inconvenient for an 
elector to apply personally to the clerk of the district 
court for such transfer, the application may be made in 
writing to any justice of the peace or notary public within 
the county upon application blank to be furnished by such 
officer, substantially in the following form: 

‘TRANSFER APPLICATION. 

I hereby make application to be transferred from 


.Precinct, .County, 

in which I am now registered to.Precinct, 

said County. 


My old residence was (give street and No. if any) 
My new residence is (give street and No. if any) 


“CERTIFICATE OF REGISTRATION OFFICER. 

The above named applicant appeared personally before 

me this.day of.19., 

and is personally known to me (or has been satisfactorily 

identified by.), and in my opinion, 

the above application is true and is made in good faith. 


(Official designation of officer.)^’ 

And it shall be the duty of the justice of the peace, or 
notary public to transmit imm’ediately such application, 
with the above certificate to the clerk of the district court 
by mail. Upon receiving any such application and certifi¬ 
cate, it shall be the duty of the clerk of the district court to 
make appropriate transfer and entries in the Elector’s Reg¬ 
ister, and notify the applicant by mail of such change; Pro¬ 
vided, That whenever application is made to any justice of 
the peace or notary public, for a transfer, as herein set 
forth, such justice of the peace or notary public shall re¬ 
ceive therefor the same amount as for registering a voter, 
which amount shall be paid by the county. No transfer 
can be made between the close of registration and the time 
the poll lists are placed in the hands of the judge of election, 
except as herein provided. 













ELECTION LAWS OF THE STATE OF IDAHO 63 

Whenever any elector desires a transfer after the poll 
lists have been placed in the hands of the judge of election, 
he may obtain such transfer on application to the judge of 
election in the precinct wherein he is registered. Upon re¬ 
ceiving such application, it shall be the duty of the judge 
of election, if he is satisfied of the identity of the applicant, 
and that the application is true and is made in good faith, 
to cancel the name of such elector on his poll list by appro¬ 
priate entry, showing to what precinct the applicant has 
transferred, and make out in duplicate the following cer¬ 
tificate : 

“TRANSFER CERTIFICATE OF ELECTION JUDGE. 

This certifies that.was on this 

.day of., 19., duly regis¬ 
tered in.Precinct in the County 

of., State of Idaho, and that upon his 

own request, his name was cancelled from the official reg¬ 
ister of said precinct, and this transfer certificate to 

.Precinct, said County and State given 

to him. 


Judge of Election. 

.Precinct, .County, Idaho.'' 

One of said duplicate certificates shall be retained by the 
election judge issuing the same, and filed by said judge 
with the clerk of the district court when his poll list is 
filed, as herein provided; the other certificate shall be given 
to the applicant, and by said applicant presented to the 
judge of election of the precinct to which he desires to re¬ 
move. Whenever any such certificate is presented, it shall 
be the duty of the judge of election receiving the same, if 
he is satisfied of the identity of the applicant, to place such 
applicant's name upon his poll lists, making the appropriate 
entry to show the transfer. Such certificate shall be re¬ 
tained by the judge of election receiving the same, and by 
him filed with the clerk of the district court when his poll 
list is filed, as herein provided. 

Upon receipt of any such duplicate certificates, it shall 
be the duty of the clerk of the district court to transfer the 












64 


ELECTION LAWS OF raE STATE OF IDAHO 


name of the elector to the precinct in which he voted, mak¬ 
ing appropriate entries in the Elector's Register, showing 
such transfer. 

Laws 1913, page 372. 

Poll Lists. 

Sec, 7. During the time between the last day of regis¬ 
tration and the day of election, the clerk of the district 
court must prepare in triplicate, for each precinct in the 
county, a list of the names of all electors shown by his 
Elector's Register to be qualified to vote in such precinct. 
Such poll lists shall contain the names of the registered 
electors, as nearly as practicable, in alphabetical order, 
according to surname, and on the right of the column of 
names there shall be a blank column in which to indicate 
by the word “voted" when the elector votes; said poll lists 
must have a heading showing for what election they were 
prepared and used, and must be delivered by the clerk of 
the district court to the judges of election of the proper 
precincts not later than the day next preceding the elec¬ 
tion. Such election judge shall, as the electors vote, write 
the word “voted" opposite the names in said “poll lists," 
and after such election is closed and the ballots counted, 
one copy of such “poll lists" shall be certified by the judge 
and the clerks of the election, as provided in Section 438 
of the Political Code, and filed with the clerk of the dis¬ 
trict court not later than ten (10) days after such elec¬ 
tion. 

Laws 1913, page 375. 

Same: Cancellation of Registration. 

Sec. 8. On receipt of the certified copy of the poll lists 
as provided in the last preceding section, after each general 
election held in November for the election of State officers, 
it shall be the duty of the clerk of the district court to com¬ 
pare the same with the Elector's Register and to cancel the 
registration of all registered electors, in the Elector's Reg¬ 
ister, by appropriate entry therein, who from said poll list 
appear not to have voted at such election. Any elector 
whose registration is thus cancelled must again register be- 


ELECTION LAWS OF THE STATE OF IDAHO 


65 


fore being allowed to vote at any election in the State of 
Idaho. 

Laws 1913, page 375. 

Mandate to Compel Eegistration. 

Sec. 9. Should any registration or transfer officer at 
any time refuse to register or transfer any qualified appli¬ 
cant for registration or transfer, such applicant may apply 
to the district court, or the judge thereof, to compel the 
registration officer to make such registration or transfer, 
and the provisions of the Code of Civil Procedure in sim¬ 
ilar proceedings are applicable. 

Laws 1913, page 375. Compare Sec. 400. 

Supplies. 

Sec. 10. The clerk of the district court shall cause to be 
printed each year a sufficient number of ‘‘Elector’s Oaths” 
and “Registrar’s Returns,” “Transfer Applications” and 
“Certificates of Registration Officers” and “Transfer Cer¬ 
tificates of Election Judge,” and other blanks and supplies 
provided in this Act as shall be necessary for the registra¬ 
tion and transfer of the electors of his county, and shall 
distribute them among the registration officers of the 
county in such numbers as shall be necessary. 

Laws 1913, page 375. 

Compensation of Registration Officers. 

Sec. 11. The several registration officers shall receive 
such compensation as shall be allowed by the board of 
county commissioners, which in no case shall exceed twenty- 
five (25) cents for each name registered, or for each trans¬ 
fer application, and the compensation herein provided for 
shall be paid out of the current expense fund of the county; 
Provided^ That no registration officer shall receive com¬ 
pensation for any registration or transfer before him, if 
the “Elector’s Oath” and “Registrar’s Return” or “Trans¬ 
fer” be not filed with the clerk of the district court within 
the time or times herein provided; and Provided, further, 
That the clerk of the district court shall receive no fees 
for any registration, transfer or work performed by him 
under the provisions of this chapter. 

Laws 1913, page 376. Compare Sec. 401. 

Elec. Laws—3 


66 


ELECTION LAWS OF THE STATE OF IDAHO 


Elector’s Oath: Special Qualifications. 

Sec. 12. At any election where special qualifications are 
prescribed by law where a voter offers himself to vote and 
is challenged, he shall be advised by the election judge of 
such special qualification, and if he still desires to vote, 
and the challenge be not withdrawn, he shall be required 
to take and subscribe the following oath: 

“STATE OF IDAHO, 'J 

County of. 

I, ., being duly sworn, on 

my oath depose and say that I possess the qualifications re¬ 
quired and prescribed by Sec. 357, Revised Codes of Idaho, 
and in addition thereto that I possess the following qualifi¬ 
cations: (here insert special qualifications.) 


Subscribed and sworn to before me this.day 

of., 19. 


Laws 1913, page 376. 


Election Judge.'' 


CHAPTER IX. 

BALLOTS AND SUPPLIES. 


Section. 

402. Official election stamp. 

403. Ballot boxes. 

404. Official ballots to be provided. 

405. Form and contents of ballots. 

406. Submission of special ques¬ 

tions. 

407. Same; Errors and omissions. 

408. Only official ballots counted. 


Section. 

409. Folding of ballots. 

410. Distribution of ballots. 

411. Record of number of ballots. 

412. Delivery of and receipt for 

supplies. 

413. Instruction card and sample 

ballots. 


Official Election Stamp. 

Sec. 402. The board of county commissioners shall, at 
their regular meeting in July next preceding a regular elec¬ 
tion, make provision for an official election stamp (which 
must bear the date and year of the election at which it is 
used, and the words “official ballot"), of such character or 
device, and of such material, as said board may select, and 
such official stamp must be changed at each general election 
and kept secret by the officers furnishing and using it, as 
provided by law, and no one else must know of its form or 
make until used according to law. It is also the duty of 










ELECTION LAWS OF THE STATE OF IDAHO 


67 


the county commissioners, at their regular session in July 
next preceding a general election, to authorize the county 
auditor to provide a suitable number of election tickets for 
the county, said tickets to be printed under the same regu¬ 
lations as other county printing. The tickets must be bound 
in book form, each book containing one hundred tickets 
and printed in the manner prescribed by law. 

Ballot Boxes. 

Sec. 403. The county commissioners must provide, at 
the expense of the county, suitable ballot boxes, with lock 
and key, and an opening in the lid sufficient to admit a 
single folded ballot, and no larger, and similar boxes for 
the use of the distributing clerks, in which they shall de¬ 
posit defaced, mutilated and returned ballots. The keys 
must be delivered to one of the judges designated by the 
board. 

Official Ballots to Be Provided. 

Sec. 404. Except as in this title otherwise provided, it 
shall be the duty of the county auditor of each county to 
provide printed ballots for every election for public officers 
in which electors, or any of the electors, within the county, 
participate, and cause to be printed in the ballot the name 
of every candidate whose name has been certified to or 
filed with the county auditor in the manner provided for in 
this title. Ballots, other than those printed by the re¬ 
spective county auditors according to the provisions of this 
title, shall not be cast or counted in any election. Nothing 
in this title contained shall prevent any voter from writing 
on his ticket the name of any person for whom he desires 
to vote for an office, and such vote shall be counted the 
same as if printed upon the ballot and marked by the voter. 
The voter may place a cross (X) opposite the name he has 
written, but his having written the name of his choice is 
sufficient evidence that such is the person for whom he 
desires to vote. Elections for school district officers are 
excepted from the provisions of this section. In all munici¬ 
pal elections the duties specified in this section as devolving 
on the county auditor shall devolve on the municipal clerk. 

Duties of Auditor: A county auditor in preparing official ballots 
acts ministerially only, and must place upon the ballot in the proper 


68 


ELECTION LAWS OF THE STATE OF IDAHO 


column the names of the candidates whose nominations have been 
duly certified to him; he cannot reject the name of any nominee on 
the ground that he is ineligible to the office for which he is nomi¬ 
nated. 

Miller vs. Davenport, 8 Ida. 593; 70 Pac. 610. 

Form and Contents of Ballots. 

Sec. 405. All election ballots prepared under the pro¬ 
visions of this title for the election of candidates for office 
shall be white in color, and of good quality of printing 
paper, and the name shall be printed thereon in black ink. 

Every ballot shall contain thereon the names of every 
candidate whose nomination for any office specified in the 
ballot has been certified or filed according to the provis¬ 
ions of this title, but no name shall appear thereon more 
than once. 

The ballot shall be of sufficient size to contain the names 
of all the candidates and questions to be voted on, exclusive 
of the stub or counterfoil. The width of the stub or counter¬ 
foil shall be two inches, and of the same length as the bal¬ 
lot. Each stub shall be consecutively numbered, beginning 
with number one; the ballot and stub being connected by 
a perforated line. 

The width of the ballot must be divided into equal perpen¬ 
dicular spaces, one for each political party represented by 
the different opposing candidates, in which the tickets of 
the different parties must be printed, and one similar in 
which only the names of the different offices to be filled 
at the election shall be printed, and below which the voter 
may write the names of the persons he wishes to vote for. 
These perpendicular spaces, or party tickets, must each be 
surrounded by very heavy leaded lines, and between each 
space, or party ticket, there must be a blank space of one- 
half inch. At the top of each ticket must be printed the 
caption or name of the political party in a size of type 
not smaller than long primer. Immediately below the mid¬ 
dle of such caption or name, must be printed a circle at 
least three-fourths of an inch in diameter, within which 
the voter may place a cross (X), and thereby he votes, and 
his vote must be counted for all the candidates named in 
that perpendicular space, or party ticket, except such as he 


ELECTION LAWS OF THE STATE OF IDAHO 


69 


shall erase by drawing lines through the names of those 
he does not wish to vote for. Immediately below the circle 
above named must be drawn a horizontal line, below which 
must be printed the names of the offices, to be printed in 
small capitals, and the names of the candidates therefor 
in not smaller than long primer capitals. 

When a President and Vice President of the United 
States are to be elected, the name of the office and the names 
of the candidates for electors must be printed in like type 
as directed for other offices and candidates, immediately 
below the last named horizontal line. The name of each of¬ 
fice and the candidate therefor must be included in one 
space, but separated from other offices and candidates by 
horizontal lines. To the right of names of the offices and 
candidates must be a light ruled perpendicular line, within 
which, and opposite the name of each candidate, must be 
printed a circle one-half inch in diameter, within which, if 
the voter places a cross (X) his vote must be counted for 
the candidate whose name is thus marked: Provided, That 
if he has placed a cross in the large circle at the head of 
the ticket, his cross opposite the name of the candidate 
in any other ticket must not be counted unless he has 
erased the name of any opposing candidate in the ticket 
in which he placed his cross (X) in the large circle. The 
voter may, instead of placing a cross in the large circle, 
vote only for such candidates as he desires, by placing a 
cross on the right of their names in the small circle, or by 
writing in the blank ticket the names of the persons he de¬ 
sires to vote for, and placing a cross on the right of their 
names in the circle. Circles one-half inch in diameter must 
be placed in the blank perpendicular space on the ballot, 
for the name of each candidate who may be therein voted 
for. All the names of the several like offices and the sev¬ 
eral opposing candidates therefor must be placed on the 
same horizontal straight line. On the ballot, in aid of 
the voter, may be placed such words or explanations as 
‘‘Vote for one,'' “Vote for three," “Yes," “No," and the 
like. The same margin must be left above and below the 
printed matter. The face of the ballot and the stub thereof 
must be in substantially the following form: 


STUB ( NAME OF COUNTY, DATE OF ELECTION ) 

__Perforated Line 


You can vote a ticket ''straight^' by placing an X in large circle 
your ticket by erasing name on straight ticket you do not wish to 
wish to vote for. See illustration on Representatives ticket. 


(Emblem) 

REPUBLICAN TICKET 

(Emblem) 

DEMOCRATIC TICKET 

O 

FOR CONGRESS 

JOHN JONES 

inc^^ 

FOR CONGRESS 

ALEX. KNIGHT 

inc^^ 

FOR GOVERNOR 

WILLIAM JOHNS 

o 

FOR GOVERNOR 

CONRAD DWIGHT 

o 

FOR SECRETARY OF STATE 

HENRY BOND 

O! 

u 

1 FOR SECRETARY OF STATE 

^ RICHARD ROE 

1) 

o 

FOR REPRESENTATIVES 

JOHN DOE 

GEORGE HOOD 

—WILLIAM V.TRT 

JOHN OSBORNE 

o 

o 

o 

^ FOR REPRESENTATIVES 

GEORGE FOX 

ANDREW WILSON 

JOHN ALSTON 

ASA DALE 

o 

o 

o 

o 

























One inch space 


below name of party you wish to vote for. You can “scratch’^ 
vote for, and placing an X in small circle on right of name you 


(Emblem) 

POPULIST TICKET 

O 


O 

FOE CONGRESS 

inc^^ 


FOR CONGRESS 

inc^^ 

FOR GOVERNOR 

o 


FOR GOVERNOR 

o 

FOR SECRETARY OF STATE 

o 

(U 

V 

a 

0. 

CO 

y 

C 

y 

FOR SECRETARY OF STATE 

o 

FOR REPRESENTATIVES 

o 

c 

O 

FOR REPRESENTATIVES 

o 


o 



o 


o 



o 


o 



o 





















72 


ELECTION LAWS OF THE STATE OF IDAHO 


At the general elections held in this State, nothing shall 
be placed on the main ballots excepting the names of the 
different tickets, the names of candidates for the different 
offices on the several party tickets, and the circles as herein 
provided for. 

When a constitutional amendment is to be submitted to 
a vote of the people the question shall be printed on a sepa¬ 
rate ballot on pink colored paper, and this colored paper 
shall not be used in printing ballots referring to any other 
questions than those of constitutional amendment: Pro¬ 
vided, That if more than one constitutional amendment is 
to be voted on at any election they shall all be printed on one 
ballot. 

All other questions to be submitted to the votes of the 
people, excepting constitutional amendments and county 
seat or boundary questions, shall be printed on separate 
ballots, on light blue colored paper: Provided, That if more 
than one question is to be submitted at any election they 
shall all be printed on one ballot. ^ 

The county auditors of each county in the State shall 
cause such separate ballots to be printed and furnished for 
each precinct in their respective counties at all general 
elections, the ballots to be prepared as follo'ws: 

The ballots shall be seven inches wide and shall be at¬ 
tached to a stub or counterfoil two inches wide by a per¬ 
forated line. At the top of the pink colored ballots shall be 
the words ‘‘Constitutional Amendment^^ or “Constitutional 
Amendments,as the case may be, and at the top of the 
blue colored ballots shall be the words “Other Question” 
or “Other Questions” as the case may be. Below these 
words, and one-half inch from the upper margin, on each 
ballot, a line shall be printed reaching the full width 
thereof. From a point one inch from the right end of this 
line, a perpendicular line shall be printed reaching to the 
lower margin of the ballot. In the space to the left of this 
perpendicular line shall be printed the question to be sub¬ 
mitted to the vote of the people as now required by law. 
In the space to the right of this perpendicular line two cir¬ 
cles each one-half inch in diameter shall be printed, one 
above the other with the word “Yes” to the left of the up- 


ELECTION LAWS OF THE STATE OF IDAHO 


73 


per circle, and the word to the left of the lower circle. 
The voter may place a cross (X) within one of these circles 
and thereby he votes. Should two or more questions be 
submitted to a vote on the same ballot, they shall be sepa¬ 
rated from each other by a printed line running the full 
width of the ballot, and two circles as provided above shall 
be printed in the space to the right of each question. The 
ballots shall be of sufficient length to contain all questions 
submitted, printed in long primer type. The stubs or 
counterfoil shall contain the name of the county, the date of 
the election, and shall be numbered consecutively from one 
upwards for each separate precinct in the county. 

Laws 1913, page 416. 

Cited: Green vs. State Board of Canvassers (concur op.) 5 Ida. 
130; 47 Pac. 259. 

Party Tickets: Only one ticket under the recognized name or 
designation of a political party is entitled to be placed upon the 
official ballot. 

Williams vs. Lewis, 6 Ida. 184; 54 Pac. 619. 

Same: Determination of Conflict: Where contention arises be¬ 
tween two conventions of the same party as to which is entitled to 
have the ticket nominated by it placed upon the official ballot under 
the recognized party name, the question will be decided in favor of 
the ticket nominated by the convention called by the regular State 
Central Committee of the party. 

Williams vs. Lewis, 6 Ida. 184; 54 Pac. 619. 

Numbering Ballots: This statute provides for numbering the stub 
but does not authorize the numbering of the ballot. 

McGrane vs. County of Nez Perce, 18 Ida. 714; 112 Pac. 312. 

Same: Submission of Special Questions. 

Sec. 406. Whenever the Secretary of State has duly certi¬ 
fied to the county auditor any question to be submitted to a 
vote of the people, the county auditor shall have a separate 
ballot printed therefor in the form prescribed by the pre¬ 
ceding section for such question. The county auditor shall 
also prepare the necessary tickets whenever any question is 
required by law to be submitted to the vote of the electors 
of any locality, and not to the State generally: Provided, 
however, That in all questions submitted to the voters of a 
municipal corporation alone, it shall be the duty of the mu¬ 
nicipal clerk to provide the necessary tickets. 


74 


ELECTION LAWS OF THE STATE OF IDAHO 


Same: Errors and Omissions. 

Sec. 407. Whenever it shall appear by affidavit that an 
error or omission has occurred in the publication of the 
names or descriptions of the candidates nominated for of¬ 
fice, or in the printing of the tickets, the probate court of 
the county, may, upon application of any elector, by order, 
require the county auditor or municipal clerk to correct 
such error, or to show cause why such error should not 
be corrected. 

Cited: McGrane vs. County of Nez Perce, 18 Ida. 714, 727; 112 
Pac. 312. 

Defective Ballots: Correction: Where a candidate for a county 
office neglects to have a defect in the official ballot corrected as pro¬ 
vided for in this section, he cannot, after the election is had and he 
finds himself defeated, raise the objection that the name of the suc¬ 
cessful candidate was improperly placed on the official ballot. 

Baker vs. Scott, 4 Ida. 596; 43 Pac. 76. 

Only Official Ballots Counted. 

Sec. 408. No ballot must be used or counted at any elec¬ 
tion except the legal ballot printed by the county auditor, 
or, in the case of municipal elections, by the clerk of the 
municipality, and distributed according to law by the dis¬ 
tributing clerk within the polling place. And no ticket must 
be distributed by the distributing clerk, or permitted to be 
used by the election officers, which has any mark or thing 
on the back or outside thereof whereby it might be dis¬ 
tinguished from any other ballot legally used on the same 
day. No ballot or ticket printed in imitation of the legal 
ticket furnished by the county auditor, or, in the case of 
municipal elections, by the clerk of the municipality, accord¬ 
ing to law, shall be circulated on the day of election, or 
brought into the polling place, and no elector shall be per¬ 
mitted to vote any other ballot than the one he received 
from the distributing clerk. 

Penalty Does Not Apply to Electors: The prohibition contained in 
this section against election officers furnishing the electors with bal¬ 
lots containing distinguishing marks, is directed against the officers 
charged with the preparation and furnishing of the ballots, and di¬ 
rects and commands the officers as to the manner and method of 
discharging their public duties, but the statute nowhere prescribes 


ELECTION LAWS OF THE STATE OF IDAHO 


75 


that the penalty for violating this duty or a failure to faithfully 
discharge it shall be visited upon the electors or avoid the election. 

McGrane vs. County of Nez Perce, 18 Ida. 714; 112 Pac. 312. 

Numbering Ballots: To hold that the numbering of ballots by 
the election officers has the effect of rendering an election void, would 
place it within the power of the officers to disfranchise the entire 
electorate. 

McGrane vs. County of Nez Perce, 18 Ida. 714; 112 Pac. 312. 
Folding of Ballots. 

Sec. 409. Every ticket, when used as a ballot, must be 
folded so as to conceal its contents and to expose the im¬ 
pression of the official election stamp on the back. 

Distribution of Ballots. 

Sec. 410. It shall be the duty of the county auditor of 
the county (or the municipal clerk in the case of municipal 
elections) to furnish and cause to be delivered to the judges 
of election of each election precinct within the county (or 
within the municipality, in the case of municipal elections), 
in which an election is to be held, at the polling place of the 
precinct before the opening of the polls, the proper num¬ 
ber of tickets required by this title: Provided, That not 
less than sixty (60) tickets shall be furnished for each 
fifty (50) electors registered in each precinct in the county 
(and in the case of municipal elections, each precinct in the 
municipality). 

Laws 1913, page 384. 

Record of Number of Ballots. 

Sec. 411. The county auditor of each county shall keep 
a record of the number of tickets printed and furnished to 
each polling place and preserve the same for one year. 

Delivery of and Receipt for Supplies. 

Sec. 412. The required number of tickets, together with 
the official stamp and ink pad for the purpose of stamping 
or designating the official tickets, as hereinbefore provided, 
shall be delivered to the judges of election in sealed pack¬ 
ages, with marks on the outside clearly designating the poll¬ 
ing place for which they are intended, upon receipt of which 


76 


ELECTION LAWS OF THE STATE OF IDAHO 


at least a majority of the judges of election must return 
receipts therefor to the county auditor in case of county 
elections, and to the clerk of the municipality in case of 
municipal elections, and the several auditors and clerks shall 
preserve the receipts for one year. 

Instruction Cards and Sample Ballots. 

Sec. 413. The county auditor of 'each county in case of a 
general election, and the several city clerks in case of city 
elections, shall prepare full instructions for the guidance of 
voters at such elections, as to obtaining tickets, as to the 
manner of marking them, and as to obtaining new tickets 
in place of those accidentally spoiled, and they shall re¬ 
spectively cause the same, together with copies of Sections 
6370, 6371 and 6372, of the title relating to crimes against 
the elective franchise, to be printed in large, clear type, on 
separate cards, to be called cards of instruction. The county 
auditor of each county, and the several city clerks in case of 
a municipal election, shall furnish four such cards to the 
judges of election in each election precinct, and one addi¬ 
tional card for each fifty registered electors or fractional 
part thereof, at the same time and in the same manner as 
the printed tickets. The judges of election shall post not 
less than one of such cards in each place or compartment 
provided for the preparation of tickets, and not less than 
three of such cards elsewhere in and about the polling 
places, upon the day of election. The county auditor of each 
county, and the several city clerks in case of a municipal 
election, shall cause to be printed on tinted or colored paper, 
without official indorsement of any kind, and furnish to the 
judges of election of each election precinct, at the same time 
and in the same manner as the official tickets and official 
stamps, six sample or specimen tickets and one additional 
sample ticket for each fifty registered electors or fractional 
part thereof in the precinct. The sample tickets shall be 
printed like the official or regular tickets, and of the same 
size without the stub. There shall be posted in each of the 
compartments or booths, one of the sample tickets without 
the official stamp, and not less than four such tickets shall 
be posted elsewhere in and about the polling places on the 


ELECTION LAWS OF THE STATE OF IDAHO 


77 


day of election. It shall be the duty of the same officers, 
at the same time and in the same manner, to provide and 
furnish to each polling place proper and necessary supplies 
and conveniences for marking the tickets. 


CHAPTER X. 

CONDUCT OF ELECTIONS. 


Section. 

414. Election officers to take oath. 

415. Opening and closing of polls. 

416. Changing polling place. 

417. Same: Proclamation and 

notice. 

418. Opening ballot boxes. 

419. Opening supplies. 

420. Judges may administer oaths. 

421. Duties of constable. 

422. Voting to continue during elec¬ 

tion. 

423. Delivery of ticket to elector. 

424. Manner of voting. 

425. Spoiled ballots. 

426. Deposit of ballot in box. 

426a. Same: Unstamped ballots. 

427. Officers not to divulge infor¬ 

mation. 

Election Officers to Take Oath. 

Sec. 414. Before opening the polls, all officers of election 
must take and subscribe an oath to faithfully perform the 
duties imposed upon them by law. Any elector of the town¬ 
ship may administer and certify such oath. 

Opening and Closing of Polls. 

Sec. 415. At all elections to be held under this title, the 
polls must be opened at the hour of eight o’clock in the 
forenoon, if the regularly appointed judges of election and 
distributing clerk are present; but in case they are not 
present, then the polls must not be opened by the judges 
or distributing clerk elected until the hour of nine o’clock, 
unless a majority of the regularly appointed judges are 
present, and the polls must continue open until seven o’clock 
in the evening of the same day, at which time the polls 
must be closed; and upon opening the polls, one of the 
clerks, under the direction of the judges, must make proc¬ 
lamation of the same; and thirty minutes before closing 
the polls, proclamation must be made in like manner, and 
the polls closed in half an hour thereafter. 


Section. 

428. Challenging voters. 

429. Challenge for want of citizen¬ 

ship. 

430. Same: For conviction of fel¬ 

ony. 

431. Same: For want of residence: 

For non-age. 

432. Same: Residence: How de¬ 

termined. 

433. Oath of challenged person. 

434. Duty of clerks. 

435. Judge’s duty to challenge. 

436. Refusal to take oath. 

437. Disposal of stubs and defaced 

tickets 

438. Form of poll lists. 


78 


ELECTION LAWS OF THE STATE OF IDAHO 


Changing Polling Place, 

Sec. 416. Whenever it shall become impossible or incon¬ 
venient to hold an election at the place designated therefor, 
the judges of election, after having assembled as near as 
practicable to such place, and before receiving any vote, 
may adjourn to the nearest convenient place for holding 
the election, and at such adjourned place forthwith pro¬ 
ceed with the election. 

Same: Proclamation and Notice. 

Sec. 417. Upon adjourning any election, as provided in 
the preceding section, the judges shall cause proclamation 
thereof to be made, and shall post a notice upon the place 
where the adjournment was made from, notifying electors 
of the change of polling place. 

Opening Ballot Boxes. 

Sec. 418. Before receiving any ballots the judge must, in 
the presence of any persons assembled at the polling place, 
open and exhibit, close and lock, the ballot boxes, and 
thereafter they must not be removed from the polling place 
until all the ballots are counted, nor must they be opened 
until after the polls are finally closed, and then in the pres¬ 
ence of the bystanders: Provided, That in precincts having 
two sets of election officers and duplicate ballot boxes, as 
provided for in Sections 443 to 447, inclusive, of this title, 
said ballot boxes may be opened during the election for the 
purpose of counting the ballots as in said sections pro¬ 
vided. 

Opening Supplies. 

Sec. 419. The judges of election, on the opening of the 
polls, must break the sealed packages of election tickets, 
official stamp and other supplies, in the presence of by¬ 
standers. 

Judges May Administer Oaths. 

Sec. 420. Either judge may administer and certify any 
oath required to be administered during the progress of 
an election, and either judge may challenge a voter of 


ELECTION LAWS OF THE STATE OF IDAHO 


79 


whose qualifications to vote he is in doubt, but in such case 
one of the remaining judges must administer the oath. 

Duties of Constable. 

Sec. 421. The constable of the precinct shall be in at¬ 
tendance at the polling place on the day of election, and, 
where there is no constable, the judges of election may 
appoint some capable person to act as such during the 
election, and he shall have the power to make arrests for 
disturbance of the peace, as provided by law for such offi¬ 
cers, and he shall allow no one within the guard rail of the 
polling place except those who go to vote, and shall allow 
but one elector in a compartment at one time. 

Voting to Continue During Election. 

Sec. 422. Voting may commence as soon as the polls are 
opened, and may be continued during all the time the polls 
remain open. 

Delivery of Ticket to Elector. 

Sec. 423. An elector desiring to vote shall give his name 
and, if requested to do so, his residence, to one of the clerks 
of election, who shall thereupon announce the same in a 
loud and distinct tone of voice, clear and audible, and if 
such name is found on the check list by the election officer 
having charge thereof, he shall likewise repeat the said 
name, and the voter shall be allowed to enter the space 
enclosed by the guard rail as hereinbefore provided. The 
distributing clerk shall give him one, and only one, ticket, 
and his name shall be immediately checked on said list by 
placing a mark on the registry list to denote that he has re¬ 
ceived a ticket, and the ticket must be stamped on the back 
and near the top of the ticket with the official stamp by the 
distributing clerk, and thereupon delivered to the elector. 
Besides the election officers, not more than one voter, in 
excess of the voting shelves or compartments provided, 
shall be allowed in said enclosed space at one time. 

Note: By the registration law enacted by the Twelfth Session of 
the Legislature (Laws 1913, page 368) the “check lists” were abol¬ 
ished, poll books being substituted therefor. In the fifth line of the 
above section the words “check list” should be “poll books.” 


t 


80 


ELECTION LAWS OF THE STATE OF IDAHO 


Manner of Voting. 

Soc. 424. On receipt of his ticket, the voter shall forth¬ 
with and without leaving the enclosed space, retire alone 
to one of the voting shelves or compartments so provided, 
and shall prepare his ticket by marking in the appropriate 
margin, or place a cross (X) opposite the name of the 
candidate of his choice for each office to be filled, or in the 
circle provided therefor at the head of the several party 
tickets, or by filling in or writing the name of the person 
for whom he wishes to vote in the blank space provided 
therefor in the column or division of the ticket for that 
purpose provided, and marking a cross (X) opposite there¬ 
to; and in case of a question submitted to a vote of the 
people, by marking in the appropriate margin or place a 
cross (X) against the answer which he desires to give. 
Before leaving the voting shelf or compartment the voter 
shall fold his ticket without displaying the marks thereon, 
and so as to expose the impression of the official stamp on 
the back, and he shall keep the same so folded until he has 
voted. He shall then hand his ballot to one of the judges 
and announce his name. He shall mark his ticket or ballot 
without delay and shall quit said enclosed space as soon 
as he has voted. 

No such voter shall be allowed to occupy a voting shelf 
or compartment already occupied by another, nor to remain 
within said enclosed space more than ten minutes, nor to 
occupy a voting shelf or compartment more than five min¬ 
utes in case all of such shelves or compartments are in use 
and other voters are waiting to occupy the same. No voter, 
not an election officer, whose name has been checked on the 
list of the election officers, shall be allowed to re-enter said 
enclosed space during said election. It shall be the duty of 
the judges for the time being to secure the observance of 
the provisions of this section: Provided, That if any regis¬ 
tered elector, who is blind or otherwise disqualified by 
reason of physical infirmities rendering such voter incapa¬ 
ble of personally marking his ballot, desires to vote, then 
and in that case, any two of the judges not of the same 
political party may, at the request of such elector, mark 


ELECTION LAWS OF THE STATE OF IDAHO 


81 


and prepare his ballot for him, placing an (X) mark in the 
proper place and opposite the names of the candidates for 
whom such elector desires to vote. When the ballot so 
marked by the judges is properly prepared and folded it 
shall be given to the elector, who shall deliver it to the pro¬ 
per judge to be deposited in the ballot box, as in other cases. 
The judges assisting any such physically incapacitated 
elector in the preparation of his ballot, must not influence 
or attempt to influence such voter in the selection of candi¬ 
dates to be voted for, and any judge who has assisted any 
such elector, who shall divulge to any person the name of 
any candidate for whom such elector voted, shall be guilty 
of a misdemeanor. 

Spoiled Ballots. 

Sec. 425. No person shall take or remove any ticket from 
the polling place before the close of the polls. If an elector 
inadvertently or by mistake spoils a ticket, he shall return 
it folded to the distributing clerk, who must, if satisfled 
of such inadvertence, give him another ticket. The ticket 
thus returned shall, without examination, be immediately 
cancelled by writing across the back, or outside of the 
ticket as folded, the words “Spoiled ticket, another issued,” 
and deposit the defaced ticket in a box provided for that 
purpose. And no one shall be allowed within the guard 
rails of the polling place, except the election officers duly 
appointed, together with the number of voters, as provided 
in this chapter. 

Deposit of Ballots in Box. 

Sec. 426. The judge to whom any ballot may be delivered 
shall, upon the receipt thereof, pronounce in an audible 
voice the name of the elector, and if no objection shall be 
made to him, and the judges are satisfied that he is a legal 
voter, and is duly registered, and the official stamp is 
plainly visible on the outside of the folded ballot, he shall, 
without opening or examining, immediately deposit the 
ballot in the ballot box, and the clerks of the election shall 
enter the name of the elector in the poll books. 


82 


ELECTION LAWS OF THE STATE OF IDAHO 


Same: Unstamped Ballots. 

Sec. 426a. No judge of election shall deposit in any ballot 
box any ballot upon which the official stamp, as hereinbefore 
provided for, does not appear. Every person violating the 
provisions of this section shall be guilty of a misdemeanor. 

Officers Not to Divulge Information. 

Sec. 427. No officer, judge or clerk shall communicate, 
except for some purpose authorized by law, before the 
polls are closed, any information as to the name or number 
on the registry list of any elector who has not applied for 
a ticket, or who has not voted at the polling place; and no 
officer, judge or clerk, or other person whomsoever, shall 
interfere with, or attempt to interfere with, a voter when 
marking his ticket. No officer, judge or clerk, or other 
person, shall directly or indirectly, attempt to induce any 
voter to display his ticket after he shall have marked the 
same, or to make known to any person the name of any 
candidate for or against whom he may have voted. 

Challenging Voters. 

Sec. 428. In case any person offering to vote is chal¬ 
lenged, one of the judges must declare the qualifications of 
an elector to such person; if the person so challenged then 
declare himself duly qualified, and the challenge is not 
withdrawn, one of the judges must then tender him the 
Elector’s Oath as provided by law. 

Laws 1913, page 379. 

Same: Challenge for Want of Citizenship. 

Sec. 429. If the person be challenged as unqualified, on 
the ground that he is not a citizen, and will not exhibit his 
papers pertaining to his naturalization, the judges, or one 
of them, shall put the following questions: 

1. Are you a citizen of the United States? 

2. Are you a native or naturalized citizen ? 

3. Have you become a citizen of the United States by 
reason of the naturalization of your parents or one of 
them? 


ELECTION LAWS OF THE STATE OF IDAHO 


83 


4. Where were your parents, or one of them, natural¬ 
ized? 

If the person offering to vote claims to be a naturalized 
citizen of the United States, he shall state, under o^th, 
when and in what court he was naturalized. 

Same: For Conviction of Felony. 

Sec. 430. If the challenge is on the ground that the per¬ 
son challenged has been convicted of felony and has not 
been pardoned, he must not be questioned; but the fact 
may be proved by the production of an authenticated copy 
of the record, or by the oral testimony of two witnesses 
and the non-production of a pardon. 

Same: For Want of Residence: For Non-Age. 

Sec. 431. If the person be challenged as unqualified on 
the ground that he has not resided in this state for six 
months immediately preceding the election, the judges, or 
one of them, shall put the following questions: 

1. Have you resided in this State for six months imme¬ 
diately preceding the election, and during that time have 
you retained a home or domicile elsewhere? 

2. Have you been absent from this State within the six 
months immediately preceding this election? 

3. If so, when you left, was it for a temporary purpose, 
with the design of returning or did you intend remaining 
away? 

4. Did you, while absent, look upon and regard this 
State as your home? 

5. Did you, while absent, vote in any State or Terri¬ 
tory? 

If the person be challenged on the ground that he has 
not resided in the county thirty days, one of the judges 
shall question him as to his residence in the county, pre¬ 
cinct or ward in a manner similar to the before-mentioned 
method of questioning a person as to his residence in this 
State. 

If the person be challenged as unqualified on the ground 
that he is not twenty-one years of age, the judges, or one of 
them shall put the following questions: Are you twenty- 


84 


ELECTION LAWS OF THE STATE OF IDAHO 


one years of age, to the best of your knowledge and belief? 
The judges of election, or one of them, shall put all such 
other questions to the person challenged under the respect¬ 
ive heads aforesaid, as may be necessary to test his quali¬ 
fications as an elector at that 'election. 

Same: Eesidence: How Determined. 

Sec. 432. The judges of election, in determining the 
residence of a person offering to vote, shall be governed by 
the following rules, so far as they may be applicable: 

1. That place shall be held and considered to be the 
residence of a person in which his habitation is fixed, and to 
which, whenever he is absent, he has the intention of re¬ 
turning. 

2. A person shall not be considered or held to have lost 
his residence who shall leave his home and go into another 
State, Territory or county of this State, for temporary 
purpose merely, with an intention of returning. 

3. If a person remove to any other State or to any of the 
Territories, with the intention of making it his permanent 
residence, he shall be considered and held to have lost his 
residence in this State. 

4. If a person remove from one county in this State to 
any other county in the State with the intention of making 
it his permanent residence, he shall be considered and held 
to have lost his residence in the county from which he re¬ 
moved. 

Oath of Challenged Person- 

Sec. 433. If the challenge be not withdrawn after the 
person offering to vote shall have answered the questions 
put to him as aforesaid, one of the judges shall tender to 
him the following oath: "‘You do solemnly swear (or af¬ 
firm) that you are a citizen of the United States, of the age 
of twenty-one years; that you have been a resident of this 
State for six months next immediately preceding this 
election, and have not retained a home or domicile else¬ 
where; that you have been for the last thirty days, and 
now are, a resident of this county, and that you have not 
voted at this election.'^ 


ELECTION LAWS OF THE STATE OF IDAHO 


85 


Duty of Clerks. 

Sec. 434. Whenever any person's vote shall be received 
after having taken the oath or affirmation prescribed in 
the preceding section, it shall be the duty of the clerk of the 
election to -write on the poll books, at the end of the per¬ 
son's name, ‘‘Sworn." 

Judge’s Duty to Challenge. 

Sec. 435. It shall be the duty of any judge of election 
to challenge any person offering to vote whom he believes 
not to be qualified as an elector. 

Refusal to Take Oath. 

Sec. 436. If any person challenged refuses to take the 
oath or affirmation tendered, or refuses to be sworn and to 
answer the questions touching the matter of naturalization, 
he must not be allowed to vote: Provided, That after such 
oath shall have been taken, the judges may nevertheless 
refuse to permit such person to vote if they shall be satis¬ 
fied that he is not a legal voter. 

Disposal of Stubs and Defaced Tickets. 

Sec. 437. As soon as the polls are finally closed the dis¬ 
tributing clerk must deliver to the judges of election the 
book or books of tickets from which tickets have been taken 
during the election, and the box containing the defaced, 
mutilated or returned ballots. 

Form of Poll Lists. 

Sec. 438. The following is the form of poll lists to be 
kept by the judges and clerks of election: 

Poll Lists. 

Of the election held in the precinct of., in the 

County of., on the.day of., in 

the year A. D. one thousand nine hundred and., A. 

B., C. D., and E. F., judges, and G. H., I. J., and K. L., 
clerks of said election, were respectively sworn (or af¬ 
firmed), as the law directs, previous to their entering on 
the duties of their respective offices. 







86 


ELECTION LAWS OF THE STATE OF IDAHO 


Number and Names of Electors Voting. 


No. 

NAME 

No. 

NAME 

1 

A. B. 

3 

E. F. 

2 

C. D. 

4 

G. H. 


We hereby certify that the number of electors voting at 
this election amounts to. 


Attest: 

G. H.,\ A. B.,\ 

I. J., Clerks. C. D., Judges of Election. 

K. L., ) E. F.,) 


CHAPTER XI. 

CANVASS OF RETURNS. 
ARTICLE I. 

CANVASS BY JUDGES. 


Section. 

439. Canvass of votes. 

440. Comparison of poll lists, bal¬ 

lots and stubs; Void ballots. 

441. Count: Certificate by judges 

and clerks. 

442. Transmission of supplies to 

county commissioners: Cus¬ 
tody. 


Section. 

443. Appointment of two sets of 

officers. 

444. Duplicate ballot boxes. 

445. Counting of ballots; Witnesses: 

Concealment of results. 

446. Judges to join in making re¬ 

turns. 

447. Application of sections. 


Canvass of Votes. 

Sec. 439. When the polls are finally closed the judges of 
election must immediately proceed to canvass the votes 
given at such election. The canvass must be public, in the 
presence of bystanders, and must be continued without ad¬ 
journment until completed and the result thereof declared. 


Comparison of Poll Lists, Ballots and Stubs; Void Ballots. 

Sec. 440. The canvass must commence by comparison of 
the poll lists from the commencement, and a correction of 
any mistake that may be found therein, until they are 
found to agree. The box must then be opened, and the bal¬ 
lots found therein counted by the judges, unopened, and 










ELECTION LAWS OF THE STATE OF IDAHO 


87 


the number of ballots in the box must agree with the num¬ 
ber marked on the poll list or registry list as having re¬ 
ceived a ticket, and this number, together with the number 
of defaced, mutilated and returned ballots, must agree with 
the number of stubs or counterfoils in the books from which 
the tickets have been taken. 

Any ballot or part of a ballot from which it is impossible 
to determine the elector's choice, shall be void and shall not 
be counted: Provided, That when a ballot is sufficiently 
plain to gather therefrom a part of the voter's intention, 
it shall be the duty of the judges to count such part. 

Count; Certificate by Judges and Clerks. 

Sec. 441. The ballots and poll lists agreeing, the board 
must then proceed to count and ascertain the number of 
votes cast, and the clerks must set down in their poll books 
the name of every person voted for, and then at full length 
the office for which such person received such votes, and the 
number he did receive, the number being expressed at full 
length; such entry to be made, as nearly as circumstances 
will permit, in the following form, to-wit: 

At an election held at the house of (A. B.) in the town 

(district or precinct) of., in the County of., 

and in the State of Idaho, on the.day of., A. D.., 

the following named persons received the number of votes 
annexed to their respective names for the following de¬ 
scribed offices, to-wit: (A. B.) has.votes for member 

of Congress; (I. J.) has.votes for member of State 

senate; (K. L.) has.votes for member of house of 

representatives, (and in like manner for any other person 
voted for). Certified by us. 

Attest: 

S. T., ) M.N.,\ 

U. V., (clerks of Election. 0. P., (judges of Election. 

W.Y.,) Q.R., ) 

Transmission of Supplies to County Commissioners: Custody. 

Sec. 442. After the canvass of the votes the judges of 
election must enclose and seal one of the poll lists furnished 










88 


ELECTION LAWS OF THE STATE OF IDAHO 


by the clerk of the district court, as provided by law; 
also all stubs and unused ticket books, elector's and free¬ 
holder’s oaths, defaced or mutilated ballots, and the elec¬ 
tion stamp, under cover, directed to the clerk of the board 
of county commissioners of the county in which such elec¬ 
tion was held. The packages thus sealed must be delivered 
direct to the said clerk personally, or transmitted by special 
messenger without expense to the county, or deposited in 
the nearest postoffice, by one of the judges to be chosen by 
lot, and the postage thereon and the fees for registering the 
same must be fully prepaid, and said package must be 
duly registered and receipt therefor taken. The second 
poll list, together with the ballots, must be, by said judges, 
placed in the ballot box, and by them sealed up and then 
deposited with one of said judges, to be decided by lot if 
they cannot otherwise agree; and the said poll list and 
ballots must be kept with the seal unbroken for at least 
eight months, unless the same is required as evidence in 
a court of law in any case arising under the election laws 
of this State, and then only when the judge having said 
ballot box in charge is served with a subpoena requiring him 
to produce the same in court as evidence in any such before 
mentioned case, when the same may be opened under the 
direction of the court. 

And the third poll list shall be transmitted to the clerk 
of the district court within ten days after such election, 
as provided by law. 

Laws 1913, page 379. 

Appointment of Two Sets of Officers. 

Sec. 443. In every precinct where, at the general election 
then next preceding, there were more than one hundred 
votes cast for the office of Governor, the board of county 
commissioners of the county wherein the same is situated, 
shall, at the time provided for the appointment of election 
officers, appoint two sets of such officers, and in making 
such appointment shall designate which set shall act under 
the provisions of this and the following sections of this 
article. And such board shall also make suitable provision 
for the carrying of these sections into effect. 


ELECTION LAWS OF THE STATE OF IDAHO 


89 


Duplicate of Ballot Boxes. 

Sec. 444. When, at any election in any precinct to which 
these sections apply, five votes shall have been cast, another 
ballot box for receiving ballots shall be used, and the first 
ballot box shall be closed and delivered to such judges des¬ 
ignated, as provided in the preceding section, who shall 
proceed to the place provided for them, and shall at once 
count the votes in said ballot box; and when counted, they 
shall return said emptied ballot box to the judges receiving 
the ballots and otherwise conducting the election, and the 
latter shall then deliver to the judges who were designated 
to count the ballots, the second ballot box, and such judges 
shall immediately count the ballots therein contained as 
above provided; and they shall continue so to count the 
ballots and so to exchange the ballot boxes till the close of 
the polls, after which time both sets of judges shall, acting 
separately, count the remaining ballots, dividing the same 
between them. 

Laws 1913, page 94. 

Counting of Ballots: Witnesses: Concealment of Results. 

Sec. 445. The board of county commissioners of the sev- 
tral counties must provide two sets of ballot boxes for all 
precincts where these sections apply, and shall provide a 
suitable and convenient place or room immediately adjoin¬ 
ing the place where the election is being held, for the use 
of the election officers counting the ballots during the day. 
Such counting may be witnessed by one representative from 
each of the political parties represented upon the official 
ballot, which representatives shall be designated in writing 
by the chairman and secretary of the respective county 
central committees, or in case of a city election by the city 
central committee, and who shall each take and subscribe an 
oath before one of the judges of election that he will not, 
prior to the closing of the polls, communicate in any man¬ 
ner, directly or indirectly, by word or sign, the progress of 
the counting, nor the result so far as ascertained, nor any 
information whatsoever in relation thereto; and such repre¬ 
sentatives and the judges counting the ballots shall be 
confined to the room or place provided and shall not leave 


90 


ELECTION LAWS OF THE STATE OF IDAHO 


the same during the count except in case of necessity, and 
then in the custody of the constable of election; nor shall 
any such election officers or party representatives in any 
manner, directly or indirectly, by word or sign, disclose or 
communicate the progress of the counting, nor the result 
so far as ascertained, nor any information whatsoever in 
relation thereto, until the polls are closed. 

Any person who shall intentionally ascertain or attempt 
to ascertain the progress or state of the count before the 
close of the polls, and any officer of election or party repre¬ 
sentative designated as aforesaid, who shall violate any of 
the provisions of this section, shall be guilty of a felony, 
and shall be punished by a fine not to exceed one thousand 
dollars, or imprisonment in the penitentiary for a period not 
to exceed one year, or by both such fine and imprisonment. 

Judges to Join in Making Return. 

Sec. 446. All the judges of election shall join in making 
the return to the board of county commissioners. 

Application of Sections. 

Sec. 447. These sections shall only apply to general 
elections, and, except as herein modified, the general elec¬ 
tion laws are in every way applicable to the precincts acting 
under the provisions hereof, and to all the officers of elec¬ 
tion. 

ARTICLE 2. 

CANVASS BY COUNTY COMMISSIONERS. 


Section. Section. 

448. Canvass of returns: Abstracts 449. Disposition of abstracts of 

of votes. votes. 

Canvass of Returns: Abstracts of Votes. 

Sec. 448. The board of county commissioners, the auditor 
acting as clerk, in the several counties, must act as a board 
of canvassers of elections, and must, on the tenth day after 
any general or special election, or sooner, if all the returns 
be received, and any two of the commissioners are present, 
proceed publicly, at their office, to open the returns and can¬ 
vass the votes of said election, and make up abstracts 


ELECTION LAWS OF THE STATE OF IDAHO 


91 


thereof; and it is their duty to canvass and make up ab¬ 
stracts of all returns that are intelligible on their face and 
which are sufficiently authenticated to show what returns 
they are; and if any returns are rejected on account of in¬ 
formality, ambiguity or uncertainty—and none must be 
rejected for other causes—then it is the duty of the board 
to deliver the returns so rejected to the sheriff of the county, 
who must proceed at once to summon and call together the 
board of judges of election of the precinct from which said 
returns were received, and inform them that such return 
has been rejected; and it is the duty of such board of judges 
to meet publicly, at the place where the election was held in 
their precinct, immediately after receiving such notice, and 
at once proceed to put said returns in due form and certify 
to the same; and for the purpose of so doing they may have 
the ballot box brought in and opened in their presence and 
the contents thereof inspected, and when said returns have 
been duly corrected they must be delivered into the hands 
of the sheriff, and the board of canvassers may adjourn, to 
await the correction of said returns, for the period of not 
more than five days at one time, nor more than ten days in 
all. When said canvass is completed the abstracts must 
be made up and signed by the board. The abstracts shall 
be made out in the following manner: 

The abstract of votes for electors for President and Vice- 
President of the United States shall be on one sheet, and 
the abstract of votes for Representative in Congress shall 
be on another sheet, and the abstract of votes for officers of 
the executive department shall be on another sheet, and the 
abstract of votes for Senator shall be on another sheet, and 
the abstract of votes for Representative shall be on another 
sheet, and the abstract of votes for Judges of the Supreme 
Court shall be on another sheet, and the abstract of votes 
for Judges of the District Court shall be on another sheet, 
and the abstract of votes for county and precinct officers 
shall be on another sheet; and it shall be the duty of the 
auditor of the county immediately to make out a certificate 
of election to each of the persons having the highest number 
of votes for county and precinct officers, respectively, and 
cause such certificate to be delivered to the person entitled to 


92 


ELECTION LAWS OF THE STATE OF IDAHO 


it. If any two or more persons have an equal number of 
votes for the same county or precinct office, and a higher 
number than the other person, the county commissioners 
shall immediately determine by lot which of the two candi¬ 
dates shall be elected. 

Cited: Roberts vs. Kartzke, 18 Ida. 552; 111 Pac. 1. 

Duty of Canvassers; The board of commissioners in acting as a 
board of canvassers, has no authority to declare any person elected 
to an office, but must make out the abstracts of votes for each office 
separately, and deliver them to the auditor whose duty it is, as audi¬ 
tor, and not as clerk of the board, to make out a certificate of election 
to each of the persons having the highest number of votes. 

Cunningham vs. George, 3 Ida. 456; 31 Pac. 809. 

Disposition of Abstracts of Votes. 

Sec. 449. The auditor of the county, immediately after 
making out abstracts of votes given in his county, shall 
make a copy of such abstracts and deliver or transmit the 
same in a registered package by mail to the office of the 
Secretary of State; the original abstracts he shall file and 
record in a book in his office to be kept for that purpose. 
He shall also certify to the abstracts and copies, and affix 
thereto the county seal, and the said auditor shall indorse 
on the back of each abstract: ''Certified copy of the ab¬ 
stract of votes cast for Governor, etc., members of the legis¬ 
lature, etc., (as the case may be) cast at the regular election 
in.County, ., 19. 


ARTICLE 3. 


STATE BOARD OF CANVASSERS, 


Section. 

450. Constitution of the board. 

451. Delay in remitting abstracts. 

452. Meeting of board. 

453. Duties of board: Statement of 

results. 


Section. 

454. Same: In case of tie vote. 

455. Record of statement: Certifi¬ 

cates of Election. 

456. List of members of legislature. 


Constitution of Board. 

Sec. 460. The Governor, Secretary of State, State Audi¬ 
tor, State Treasurer and Attorney General, or any three of 
them, shall constitute the State Board of Canvassers, and 
shall canvass the abstracts of votes cast in the different 
counties of the State for electors of President and Vice 





ELECTION LAWS OF THE STATE OF IDAHO 


93 


President of the United States, for Representative in Con¬ 
gress, for Judges of the Supreme Court and District 
Courts, and for Senators and Representatives and all State 
officers. 

Delay in Remitting Abstracts. 

Sec. 451. If from any county no such abstract of votes 
shall have been received within twenty days next after 
election by the Secretary of State, he shall dispatch a special 
mess’en’ger to obtain a copy of the same from the county 
auditor of such county, and such county auditor shall imme¬ 
diately, on demand of such messenger, make out and de¬ 
liver to him the copy required, which copy of the abstract of 
votes the messenger shall deliver to the Secretary of State 
without delay. The said messenger shall receive as com¬ 
pensation for his services three dollars per day and fifteen 
cents for each mile traveled in going to and returning from 
the county seat of said county, by the usual route, to be 
paid by the county. 

Meeting of Board. 

Sec. 452. For the purpose of canvassing the result of 
elections, the State board of canvassers shall meet at the 
office of the Secretary of State, at ten o^clock of the fore¬ 
noon of the twentieth day after any election for any of the 
officers mentioned in Section 450 (if it be not on Sunday; 
if it be on Sunday, then they shall meet on the twenty-first 
day), when they shall, if the returns from all the counties 
of the State be in possession of the Secretary of State, pro¬ 
ceed to canvass the votes. If the returns are not all in, they 
shall adjourn from time to time, as they deem proper, to 
await the receipt of all the returns: Provided, however, 
That on the second Wednesday of December next after the 
election, they shall canvass the votes, whether all the re¬ 
turns be received or not. 

Duties of Board: Statement of Result. 

Sec. 453. The State board of canvassers, when met in 
accordance with law and a quorum (three) being present, 
shall proceed to examine and make statement of the whole 


94 


ELECTION LAWS OF THE STATE OF IDAHO 


number of votes given at any such election for all the offi¬ 
cers mentioned in Section 450, that shall have been voted 
for in said election, which statement will show the names 
of the persons to whom such votes shall have been given 
for either of the said offices, and the whole number given to 
each, distinguishing the several districts and counties in 
which they were given. They shall certify such statement to 
be correct, and subscribe their names thereto, and they shall 
thereupon determine what persons have been, by the great¬ 
est number of votes, duly elected to such offices, or either of 
them, and shall indorse and subscribe on such statement a 
certificate of their determination, and deliver it to the Secre¬ 
tary of State. 

Duty of Canvassers: It is not necessary for the State board of 
canvassers to declare in terms whether, in their opinion, any amend¬ 
ment to the Constitution has been adopted or not. 

Hays vs. Hays, 5 Ida. 154; 47 Pac. 732. 

Same: In Case of Tie Vote. 

Sec. 454. If any two or more persons have an equal and 
the highest number of votes for member of either house of 
the legislature, for Judge of the Supreme or District Courts, 
or for any State office, other than those mentioned in Sec¬ 
tion 1, of Article 4, of the Constitution, the State canvassers 
shall proceed to determine, by lot, which of the candidates 
shall be declared elected. Reasonable notice shall be given 
to each candidate of the time when such election will be so 
determined. 

Record of Statement: Certificates of Election. 

Sec. 455. The Secretary of State shall record in his office, 
in a book to be kept by him for that purpose, each certified 
statement and determination as made by the State board of 
canvassers, and shall, without delay, make out and trans¬ 
mit to each of the persons thereby declared to be elected a 
certificate of his election, certified by him under his seal 
of office. 

List of Members of Legislature. 

Sec. 456. Upon the day fixed by law for the assembling of 
the legislature, the Secretary of State shall lay before 


ELECTION LAWS OF THE STATE OF IDAHO 


95 


each house a list of the members elected thereto, with the 
districts they represent, in accordance with the returns in 
his office. 


ARTICLE 4. 

ERRORS AND MISTAKES IN BALLOTS AND 
RETURNS. 


Section. Section. 

457. Misspelled names on ballots. 458. Correction of mistakes. 

Misspelled Names on Ballots. 

Sec. 457. Whenever the judges of election in any precinct 
or ward discover in the canvassing of votes that the name 
of any candidate voted for be misspelled, or the initial let¬ 
ters of his Christian name or names be transposed or omit¬ 
ted in part, or altogether, on the ballot, the vote or votes 
for such candidate shall be counted for him, if the intention 
of the elector to vote for him be apparent; and whenever 
the board of county canvassers, or of State canvassers, shall 
find that the returns from any precinct, ward, county or 
district (as the case may be) do not strictly conform to the 
requirements of law, in the making, certifying and return¬ 
ing of the same, the votes polled in such precinct, ward, 
county or district shall, nevertheless, be canvassed and 
counted,, if such returns shall be sufficiently explicit to en¬ 
able such boards, or any person or persons authorized to 
canvass votes and returns, to determine therefrom how 
many votes were polled for ^-he several persons who were 
candidates and voted for at the election of which the votes 
are being canvassed. 

Cited: Lansdon vs. State Board of Canvassers, 18 Ida. 596; 111 
Pac. 133. 

Correction of Mistakes. 

Sec. 458. If upon proceeding to canvass the votes it shall 
clearly appear to the canvassers that in any statement pro¬ 
duced to them certain matters are omitted in such statement 
which should have been inserted, or that any mistakes 
which are clerical, merely, exist, they shall cause the said 


96 


ELECTION LAWS OF THE STATE OF IDAHO 


statement to be sent by one of their number (whom they 
shall depute for that purpose) to be precinct or ward 
judges, or to the county board of canvassers (as the case 
may be) from whom they were received, to have the same 
corrected; and the judges of election or county auditor (as 
the case may be), when so demanded, shall make such cor¬ 
rection as the facts of the case require, but shall not change 
or alter any decision before made by them, but shall only 
cause their canvass to be correctly stated; and the canvass¬ 
ing board may adjourn from day to day for the purpose of 
obtaining and receiving such statement: Provided, always, 
That they shall not delay counting past the day provided by 
law for the completion of the canvass. 

Cited: Lansdon vs. State Board of Canvassers, 18 Ida. 596; 111 
Pac. 133. 


CHAPTER XII. 

PRESIDENTIAL ELECTORS. 

Section. Section. 

459. Certificates of election. 463. Pilling vacancies; Tie vote. 

460. Election for Presidential Elec- 464. Notification of election to fill 

tors. vacancy. 

461. Meeting of Electors. 465. Compensation of Electors. 

462. Same: Notice to Governor: 

Vacancies. 

Certificates of Election. 

Sec. 459. The Secretary of State shall prepare lists of 
the names of the Electors of President and Vice President 
of the United States, elected at any election, procure thereto 
the signature of the Governor, affix the seal of the State to 
the same, and deliver one of such certificates thus signed 
to each of said Electors on or before the second Wednesday 
in December next after such election. 

Cited: State ex rel. Spofford vs. Gifford, 22 Ida. 613; 126 Pac. 1060. 

Election for Presidential Electors. 

Sec. 460. There shall be an election held in this State for 
the election of such Electors, at the times appointed by any 
law of the Congress or the Constitution of the United States 
for such election, and when such election shall be special, 
the same shall be called and held, and the votes polled and 


ELECTION LAWS OF THE STATE OF IDAHO 97 

canvassed, in all respects as at a general election, and the 
duties of the Electors so elected shall be the same as pre¬ 
scribed by law for Electors elected at a general election. 

Not State Officers: Presidential Electors are not State officers. 

State ex rel. Spofford vs. Gifford, 22 Ida. 613, 632; 126 Pac. 1060. 
Meeting of Electors. 

Sec. 461. The Electors chosen to elect a President and 
Vice President of the United States shall, at twelve o'clock 
noon on the day which is or may be directed by the Congress 
of the United States, meet at the seat of government of this 
State, and then and there perform the duties enjoined upon 
them by the Constitution and laws of the United States. 

Cited: State ex rel. Spofford vs. Gifford, 22 Ida. 613; 126 Pac. 1060. 

Same: Notice to Governor: Vacancies. 

Sec. 462. Each Elector of President and Vice President 
of the United States shall, before the hour of twelve o'clock 
noon on the day next preceding the day fixed by the law of 
Congress to elect a President and Vice President, give 
notice to the Governor that he is at the seat of government 
and ready at the proper time to perform the duties of an 
Elector; and the Governor shall forthwith deliver to the 
Electors present a certificate of all the names of the Elec¬ 
tors; and if any elector named therein fails to appear be¬ 
fore nine o'clock on the morning of the day of election of 
President and Vice President as aforesaid, the Electors 
then present shall immediately proceed to elect, by ballot, 
in the presence of the Governor, persons to fill such vacan¬ 
cies. 

Cited: State ex rel. Spofford vs. Gifford, 22 Ida. 613; 126 Pac. 1060. 
Filling Vacancies: Tie Vote. 

Sec. 463. If more than the number of persons required to 
fill the vacancies, as aforesaid, have the highest and an 
equal number of votes, then the Governor, in the presence 
of the electors attending, shall decide by lot which of said 
persons shall be elected; otherwise they, to the number re¬ 
quired, having the greatest number of votes, shall be con¬ 
sidered elected to fill such vacancies. 

Cited: State ex rel. Spofford vs. Gifford, 22 Ida. 613; 126 Pac. 1060. 


Elec. Laws—4 


98 


ELECTION LAWS OF THE STATE OF IDAHO 


Notification of Election to Fill Vacancy. 

Sec. 464. Immediately after such choice is made the 
names of the persons so chosen shall forthwith be certified 
to the Governor by the Electors making such choice; and 
the Governor shall cause immediate notice to be given in 
writing to the Electors chosen to fill such vacancies; and 
the said persons so chosen shall be Electors, and shall meet 
the other Electors at the same time and place, and then 
and there discharge all and singular the duties lenjoined 
on them as Electors aforesaid by the Constitution and laws 
of the United States and of this State. 

Cited: State ex rel. Spofford vs. Gifford, 22 Ida. 613; 126 Pac. 1060. 

Compensation of Electors. 

Sec. 465. Every Elector of this State for the election of 
President and Vice President of the United States, here¬ 
after elected, who shall attend and give his vote for those 
offices at the time and place appointed byTaw, shall be en¬ 
titled to receive the sum of five dollars per day for each 
day’s attendance at such election, and fifteen cents per mile 
for each mile he shall travel in going to and returning from 
the place where the Electors shall meet, by the most usual 
traveled route, to be paid out of the general fund, and the 
State Auditor shall audit the amount and draw his war¬ 
rant for the same. 

Cited: State ex rel. Spofford vs. Gifford, 22 Ida. 613; 126 Pac. 1060. 


CHAPTER XIII. 

REMOVAL OF COUNTY SEATS AND CHANGING 
COUNTY BOUNDARIES. 


S-’ction. 

466. Time for holding county seat 

election. 

467. Petition for removal. 

468. Same: How signed. 

469. Petition open to inspection. 

470. Contesting right to sign peti¬ 

tion. 

471. Same: Procedure in case of 

contest. 

472. Same: Contests have prece¬ 

dence. 


S'^ction. 

473. Voting for removal of county 

seat. 

474. Same: Challenging voters. 

475. Canvass of returns. 

476. Same: Result of vote. 

477. Changing county boundaries. 

478. Conduct of election. 

479. Form of ballot. 


Time for Holding County Seat Election. 

Sec. 466. All elections for the removal of county seats 


ELECTION LAWS OF THE STATE OF IDAHO 


99 


shall be held at the same time and place at which general 
elections are held. 

Cited: Lippincott vs. Carpenter, 22 Ida. 675; 127 Pac. 557. 

Petition for Removal. 

Sec. 467. Public notice shall be given of the intention to 
circulate a petition praying for the removal of the county 
seat of any county from its then present location to some 
other point within said county, and in said petition desig¬ 
nated, at least ten days before the same is circulated, by 
publication in some newspaper printed in the county (if 
there be one), and by posting three printed notices in three 
public places at the county seat, and a like number at the 
place to which the county seat is proposed to be removed, 
in which notices the intent of said petition shall be set 
forth; and all signers to such petition or petitions shall be 
void and stricken from such petition if procured six months 
before the first day of the term of court at which the appli¬ 
cation is to be made; and whenever such petition or peti¬ 
tions, addressed to the District Court of such county, and 
stating the time when such election shall be held, shall be 
signed by a number of legal voters of said county, equal in 
number to a majority of all votes cast at the last general 
election therein, and shall be filed in the office of the clerk 
of the District Court of said county, not less than twenty 
nor more than forty days before the first day of the term 
of said court next preceding the next general election, un¬ 
less said term commences after the first day of October, 
then, in such case, the next preceding term. Such petition 
shall be deemed a proposal to remove the county seat of 
such county, and the point designated in said petition shall 
be deemed and taken as fixed by said petition, in pursuance 
of law, whenever the court shall order an election to such 
point as hereinafter provided, as the point to which it is 
proposed to remove the county seat of such county. 

Cross Reference: See Sec. 2, Art. 18 Constitution, Page —. 

Qualification of Signers: The signers of the petition for the re¬ 
moval of a county seat need not be registered voters, but merely per¬ 
sons who are qualified to register as voters. 

Wilson vs. Bartlett, 7 Ida. 271; 62 Pac. 416. 


100 


ELECTION LAWS OF THE STATE OF IDAHO 


Same: Determination of Qualifications: When a petition for 

the removal of a county seat is presented to a court and all the signers 
of said petition state over their signatures that they are qualified 
electors of such county, the petitioners make a prima facie case, and 
no further evidence of the qualifications of such signers is required 
unless a contestant appears and enters his protest. 

If specifications in contestant’s affidavit raise no valid objection 
to the qualifications of any of the signers of the petition, the court is 
justified in finding, without further proof, that all of the signers 
of said petition are qualified electors. 

Wilson vs. Bartlett, 7 Ida. 271; 62 Pac. 416. 

This Section Not Conclusive: By the provisions of this section 
a petition for the removal of a county seat must be signed by a 
number of legal voters of such county equal in number to a majority 
of all votes cast at the last general election, and that provision of 
the law provides a rule of evidence for establishing a prima facie 
case, and the court upon that showing would be justified in ordering 
an election, unless it was shown to the court that the number of 
qualified electors in the county had increased since the last general 
election, and in that case the petition must contain a majority of the 
qualified voters as shown by the legal evidence produced on the hear¬ 
ing of such petition. 

Lippincott vs. Carpenter, 22 Ida. 675; 127 Pac. 557. 

More Than One Application: Under the provisions of the Consti¬ 
tution and statute, more than one application may be made for an 
order of election for the removal of a county seat, and upon the hear¬ 
ing it is the duty of the court to consider all of such petitions at the 
same hearing and determine which, if either, contains a majority of 
the qualified electors of the county. 

Lippincott vs. Carpenter, 22 Ida. 675; 127 Pac. 557. 

Withdrawal of Names From Petition: Withdrawals from the pe¬ 
tition for the removal of a county seat may be made at any tim.e 
prior to the submission of the petition to the court. 

Lippincott vs. Carpenter, 22 Ida. 675; 127 Pac. 557. 

Same; How Signed. 

Sec. 468. Each petitioner signing such petition shall 
write, or cause to be written, opposite to his name on said 
petition, the name of the city and ward in which he then 
resides, if he resides in a city; or, if he does not reside in 
a city, then the name of the precinct in which he resides 
at the time of signing such petition; and no person shall 


ELECTION LAWS OF THE STATE OF IDAHO 


101 


sign such petition unless he shall be, at the time, a legal 
voter at general elections. 

Cited: Lippincott vs. Carpenter, 22 Ida. 675; 127 Pac. 557. 
Petition Open to Inspection. 

Sec. 469. Said petition or petitions shall, after they are 
filed in the office of the clerk of the District Court of the 
county be open to the inspection of any and all citizens of 
the county, but shall not be removed therefrom. 

Cited: Lippincott vs. Carpenter, 22 Ida. 675; 127 Pac. 557. 

Contesting Right to Sign Petition. 

Sec. 470. Any citizen and legal voter at general elections 
in said county may contest the right of any person whose 
name is subscribed to said petition, to sign such petition 
under this chapter, and shall have the right to contest said 
petition as to any names subscribed thereto that he shall 
have good reason to believe are fictitious: Provided, He 
shall, ten days before the first day of the term of said court, 
file in the office of the clerk of the District Court of such 
county, a list of the -names of the persons whose right to 
sign said petition he is desirous of contesting, together with 
his affidavit indorsed thereon, that he has good reason to 
believe, and does verily believe, that such persons named in 
said list are not legal voters of such county and had no 
right in law to sign such petition; and shall also file in the 
office of said clerk, ten days before said term of said court, 
a list of such names as he has reason to believe are fictitious, 
together with his affidavit, that he has good reason to be¬ 
lieve, and does verily believe, that such names are fictitious; 
and such persons shall have the right to contest such peti¬ 
tions only as to the names included in said lists. 

Cited: Lippincott vs. Carpenter, 22 Ida. 675; 127 Pac. 557. 

AflSidavit of Contest: The affidavit of a contestant in a county 
seat removal case, must show that the list of names that he desires 
to contest, if stricken from the petition, would reduce the number 
of names on the petition to less than the number required by law 
to be on such petition; if it does not, the trial court ought to deny 
the contest and strike the affidavit from its files. 

Wilson vs. Bartlett, 7 Ida. 271; 62 Pac. 416. 


102 


ELECTION LAWS OF THE STATE OF IDAHO 


Same: Procedure in Case of Contest. 

Sec. 471. It shall be the duty of said court, on the first 
day of and during said term of court, to hear all evidence 
for and against said petition or petitions as to the lists of 
names filed in said court under this chapter, and to strike 
from such petition or petitions all names proven by compe¬ 
tent evidence to be fictitious, and the names of persons hav¬ 
ing no legal right to sign the same under this chapter. In 
case there shall be no contest, or if the court finds, after 
striking from said petition or petitions all names proven to 
be fictitious, and all names not legally signed thereto, that 
it still contains the number of names of legal voters required 
by this chapter, the court shall order said election according 
to the prayer of said petition. In case of a contest to said 
petition or petitions, it shall be the duty of the clerk of said 
court, on request of the persons contesting any petition 
under the provisions of this chapter, to issue subpoenas for 
such witnesses as said persons shall name; and it shall be 
the duty of said clerk, on request of any legal voter of the 
county for the purpose of sustaining any petition, in like 
manner to issue subpoenas for such witnesses as he shall 
name. Said subpoenas to be made returnable to the term of 
court at which such contest will be made. 

Cited: Lippincott vs. Carpenter, 22 Ida. 675; 127 Pac. 557. 

Same: Contests Have Precedence. 

Sec. 472. All cases of contest arising upon said petitions 
or affidavits shall have precedence over all other cases at 
said term of said court, and shall be heard and determined 
at said term, and the decision of the court shall be final. 

Cited: Lippincott vs. Carpenter, 22 Ida. 675; 127 Pac. 557. 

Right of Appeal: This section was not intended to take away 
the right of appeal in proceedings of this kind, and by the language 
“the decision of the court shall be final,” it was intended to indicate 
that such decision was in harmony with Section 4807 of the Revised 
Statutes and appealable. 

Wilson vs. Bartlett, 7 Ida. 269; 62 Pac. 415. 

Voting for Removal of County Seat. 

Sec. 473. The voting for the removal of any county seat 
shall be by ballot, and each ballot shall have printed or writ- 


ELECTION LAWS OF THE STATE OF IDAHO 


103 


ten thereon the words stated in Section 479. Such ballot 
shall be smaller than the general election ballots, and shall 
be officially stamped, and there shall be printed or written 
thereon the words “County Seat Ballot,'' and any elector 
who is registered, as in this title provided, and who, in ad¬ 
dition to being qualified to vote for county officers, has re¬ 
sided in the county six months and in the precinct ninety 
days, shall be permitted to vote for or against the removal 
of the county seat, by handing to one of the judges of elec¬ 
tion a county seat ballot, at the same time announcing that 
he is entitled to vote on the question of the removal of the 
county seat. If the judges of election are of the opinion 
that the said elector is entitled to vote on the question of 
the removal of the county seat, his ballot shall then be de¬ 
posited in the ballot box, and the clerks of election shall 
write opposite his name in brackets the words “County 
Seat" or “County Division," as the case may be. 

Cited: Lippincott vs. Carpenter, 22 Ida. 675; 127 Pac. 557. 

Same: Challenging Voters. 

Sec. 474. Any person who offers to vote on the question 
of the removal of the county seat may be challenged by any 
person and for any of the reasons allowed for other chal¬ 
lenges, and the rules provided for other challenges shall ap¬ 
ply to such challenges. 

Cited: Lippincott vs. Carpenter, 22 Ida. 675; 127 Pac. 557. 
Canvass of Returns. 

Sec. 475. The returns for county seat elections shall be 
canvassed by the same officers and in the same manner as 
the returns for county and precinct officers are canvassed, 
and the result of the vote for the removal of the county seat 
shall be officially declared by the county board of canvassers 
in the following manner: 

They shall record the total votes cast in each ward or 
precinct both for and against the proposed removal, upon 
the book provided for recording the results of the general 
election. This record shall be made upon a separate page, 
or pages, of said book, and after the record is complete and 


104 ELECTION LAWS OF THE STATE OF IDAHO 

the total result known, they shall make a complete copy of 
such record, certified to by each member of the board. They 
shall deposit this certificate with the county auditor, who 
shall, without delay, file the same with the clerk of the 
District Court which authorized the election, and the auditor 
shall also cause a copy of the certificate to be published in 
some newspaper of general circulation in the county. 

Cited: Lippincott vs. Carpenter, 22 Ida. 675; 127 Pac. 557. 

Same: Result of Vote. 

Sec. 476. When the attempt has been made to remove the 
county seat of any county, as in this chapter provided, and 
the county board of canvassers have found and declared that 
two-thirds of the voters of the county who have voted for or 
against such removal have voted in favor of such removal, 
then said county seat of said county is thereby removed to 
the point named in the petition. 

Cited: Lippincott vs. Carpenter, 22 Ida. 675; 127 Pac. 557. 

Changing County Boundaries. 

Sec. 477. Whenever the legislature has enacted that a 
part of any county be stricken off from any county, and an¬ 
nexed to an adjoining county, the provisions of the Consti¬ 
tution being complied with, the qualified electors who have 
resided ninety days next preceding the first general election 
after the passage of this chapter within the boundary lines 
of the territory stricken off and annexed, shall be permitted 
to vote at said’general election, for or against said annexa¬ 
tion. If a majority of said electors voting at said election 
vote in favor of annexation, said territory is then stricken 
off and annexed, as provided in this chapter: Provided, 
That all the requirements of the Constitution have been 
complied with. 

Cited: Lippincott vs. Carpenter, 22 Ida. 675; 127 Pac. 557. 
Conduct of Election. 

Sec. 478. The rules and regulations for voting at county 
seat elections, as provided in this chapter, so far as they 
apply to ballots, voting, challenging, canvassing the returns 
and declaring the result, shall apply to elections for the 


ELECTION LAWS OF THE STATE OF IDAHO 105 

striking off of any part of any county and annexing the 
same to any adjoining county. 

Cited: Lippincott vs. Carpenter, 22 Ida. 675; 127 Pac. 557. 

Form of Ballot. 

Sec. 479. It shall be the duty of the auditor of the county 
wherein it is proposed to hold an election for the removal 
of the county seat, or changing county lines, to cause to be 
printed separate ballots at the same time and in the same 
manner as ballots for the general election are printed. 

Such separate ballots shall be three inches square, or as 
near this size as practicable, and on one side there shall be 
printed the following words: 

For removal of the county 
seat to . 

For changing county lines 
(As the case may be.) 

And the auditor shall send an equal number of these spe¬ 
cial ballots, with the ballots furnished for the general elec¬ 
tion, to each voting precinct of the county and at the same 
time. 

Cited: Lippincott vs. Carpenter, 22 Ida. 675; 127 Pac. 557. 

CHAPTER XIV. 

SPECIAL ELECTIONS. 


j No. 
I Yes. 
j No. 

I Yes. 


Section. Section. 

480. Conduct of special elections. 484. Notice of special election. 

481. Meeting of canvassing board. 325. Vacancy in legislative office: 

482. Same: Time of meeting. Special election. 

483. General election law applica- 326. Same: Representative in Con- 

ble. gress. 

Conduct of Special Elections. 

Sec. 480. Special elections shall be conducted and the re¬ 
sults thereof canvassed and certified in all respects, as near 
as practicable, in like manner as general elections, except 
as otherwise provided; but special elections shall not be 
held, unless when required by public good, and in no case 
within ninety days next preceding a general election. 
Meeting of Canvassing Board. 

Sec. 481. In all cases where special elections are to be 



106 


ELECTION LAWS OF THE STATE OF IDAHO 


held to fill vacancies in offices, the board of canvassers shall 
meet at twelve o’clock noon on the third day after such elec¬ 
tion, to canvass the votes cast at such election, and the coun¬ 
ty auditor, within four days after any special election for a 
member of the legislature, or Representative in Congress, 
shall transmit to the Secretary of State an abstract of the 
votes cast at said election, if there be more than one county 
in the district. 

Same: Time of Meeting. 

Sec. 482. Within ten days after said election in the case 
last mentioned, the board of state canvassers shall meet 
and canvass the votes cast to fill such vacancy, and if the 
returns have not been received from all the counties com¬ 
posing said district, they may adjourn to such day as they 
deem necessary, not exceeding five days, for the purpose of 
receiving said returns. 

General Election Law Applicable. 

Sec. 483. The provisions relating to general elections shall 
govern special elections, except where otherwise provided 
for. 

Local Option: The provisions of the General Election Laws apply 
to the local option statutes. 

Gillesby vs. Board, 17 Ida. 586, 597; 107 Pac. 71. 

Notice of Special Election. 

Sec. 484. Whenever a special election is ordered by the 
board of commissioners, notice must be issued and posted in 
the same manner as for a general election. 

Vacancy in Legislative Office: Special Election. 

Sec. 325. When a vacancy occurs in the office of a member 
of the legislature, and the body in which such vacancy ex¬ 
ists is in session, or will convene prior to the next general 
election, the Governor shall order a special election to fill 
such vacancy at the earliest practicable time, and ten days’ 
notice of such election shall be given. 

Same: Representative in Congress. 

Sec. 326. Whenever any vacancy shall occur in the office 
of Representative in Congress from the State, it shall be 


ELECTION LAWS OF THE STATE OF IDAHO 


107 


the duty of the Governor to appoint a day to hold a special 
election to fill such vacancy, and cause notice of such elec¬ 
tion to be given as required in Sections 354 and 355 of these 
Codes. 


CHAPTER XV. 

MUNICIPAL ELECTIONS. 


Section. 

2245. Time for holding elections. 

2246. Notice of election. 

2247. Filling vacancies among 

judges and clerks. 

2248. Qualifications of electors. 

2249. City Clerk is registrar. 

2250. Registration books and elec¬ 

tors’ oaths. 


Section. 

2251. Registration: Time. 

2262. Compensation of registration 
officers. 

2253. Application of preceding sec¬ 

tions. 

2254. Certificates of election. 

2255. General registration and 

election laws apply. 


Time for Holding Elections. 

Sec. 2245. On the fourth Tuesday of April, 1915, and 
biennially thereafter, an election shall be held in each city 
and village governed by this title, for officers as in this title 
provided. All of such officers shall be elected and hold 
their respective offices for a term of two years, and until 
their successors are elected and qualified. At said election 
the qualified voters of such city may cast their ballots be¬ 
tween the hours of nine o’clock a. m. and seven o’clock p. m. 


Laws 1913, page 423. 


Notice of Election. 

Sec. 2246. The board of trustees shall give public notice 
of the time and place of holding each election; said notice 
to be given not less than ten nor more than twenty days 
previous to the election. 

Filling Vacancies Among Judges and Clerks. 

Sec. 2247. If, on any day appointed for holding any elec¬ 
tion under the provisions of this title, any of the judges or 
clerks of election shall fail to attend, the electors present 
may fill such vacancies from among the qualified electors 
present. 


Qualifications of Electors. 

Sec. 2248. All qualified electors of this State who shall 
have resided within the limits of any city of the second 


108 


ELECTION LAWS OF THE STATE OF IDAHO 


class, or village, for three months preceding any election 
therein, shall be entitled to vote at all city and village elec¬ 
tions, provided such elector is registered as provided by law. 

Laws 1913, page 425. 

City Clerk Is Registrar. 

Sec. 2249. The city or village clerk of every city or vil- 
large in the State of Idaho shall be the registrar for the reg¬ 
istration of voters in such city or village, who shall perform 
the same duties in the capacity as registrar, as nearly as 
may be, as are required of registrars of election for State 
and county elections under the general laws of the State. 

Laws 1913, page 426. 

Registration Books and Electors’ Oaths. 

Sec. 2250. The city or village clerk, as the case may be, 
shall provide, at the expense of the city or village, registra¬ 
tion books blank electors’ oaths and all other election sup¬ 
plies of every kind, in form similar to those used for county 
and State registrations, and elections with such changes 
and substitutions made therein as may be necessary to carry 
out the provisions of this chapter. 

Laws 1913, page 426. 

Cross Reference: Electors’ oath.: See Chapter VIII, Sec. 4. Elec- 
.tors’ register: See Chapter VIII, Sec. 5. 

Registration: Time. 

Sec. 2251. The city or village clerk, as the case may be, 
shall register electors for city or village elections at any 
time during office hours, the same as is provided by law 
for registration for State and county elections. The city 
or village clerk as the case may be, in addition to other 
duties required of him, shall perform all the corresponding 
duties in connection with the city or village elections and 
registrations as are required by law to be performed by 
the clerk of the district court for state and county registra¬ 
tions for elections. 

Laws 1913, page 426. 

Cross Reference: Time for registration for State and county elec¬ 
tions. See Chapter VIII, Sec. 3. 


ELECTION LAWS OF THE STATE OF IDAHO 


109 


Compensation of Registration Officers. 

Sec. 2252. There shall be no charge by the city or village 
clerk, or any of their deputies for the registration of any 
elector; the city or village clerk shall perform the duties 
imposed upon him by law with reference to the registration 
of electors and conduct of elections without extra com¬ 
pensation outside of his salary therefor; Provided, how¬ 
ever, That for the purpose of compiling the lists of voters 
for voting precincts or wards, just prior to any election, 
the city of village council or board of trustees, as the case 
may be, may, in its discretion, employ assistance for the 
village clerk to perform such duty. Provided, further. That 
whenever the necessity therefor shall exist in any city or 
village the city council, or board of trustees, as the case 
may be, may, in its discretion, appoint sufficient deputy 
registrars to assist the city or village clerk, as the case may 
be, in the registration of the electors of such city or vil¬ 
lage, but there shall be no more deputy registrars ap¬ 
pointed in any city or village than there are wards, or vot¬ 
ing precincts, situated therein and each deputy registrar 
so appointed shall have the right to perform his duties as 
registrar in any portion of the city or village, as the case 
may be. Such deputy registrars shall be appointed not 
more than thirty days immediately preceding any city or 
village election. The compensation to be paid any person, 
or persons, for duties to be performed, or services rendered 
under the provisions of this section, shall be paid as other 
current expenses of the city or village are paid, and no 
larger or greater sum shall be paid therefor, than as au¬ 
thorized for the payment of similar services under the gen¬ 
eral registration laws of the State. 

Laws 1913, page 426. 

Cross Reference: Compensation of registration officers of county 
and State: See Chapter VIII, Sec. 11. 

Application of Preceding Sections. 

Sec. 2253. That the provisions of this chapter shall not 
apply to cities having special charters, or which are operat¬ 
ing under the commission form of government. 

Laws 1913, page 427. 


110 


ELECTION LAWS OF THE STATE OF IDAHO 


Certificates of Election. 

Sec. 2254. Certificates of election for all officers of cities 
and villages shall be made out, under the corporate seal, by 
the city council or board of trustees, at their first meeting 
after any election of such officers. 

General Registration and Election Laws Apply. 

Sec. 2255. All elections held in villages or cities as pro¬ 
vided for in this title shall be conducted in the manner and 
form as provided by the general election laws of the State, 
for State and county registration and elections, with the 
necessary changes and substitutions, except as herein 
otherwise provided; and all matters and things with refer¬ 
ence to the registration of voters not specifically provided 
for in this chapter shall be done in accordance with the 
general laws of the State for State and county elections, 
the necessary substitutions and changes being made. 

The city or village clerk, as the case may be, shall, from 
the registration lists showing the voters registered and 
voting at the biennial election held in April, 1913, prepare 
such lists of voters for such city or village as are required, 
under the general registration and election laws of the 
State, to be prepared and kept by the clerk of the district 
court for State and county registrations of voters and 
elections; and when said lists are so prepared by the city 
or village clerk, the city or village clerk shall perform the 
same duty with reference to keeping said lists up to date, 
as is required of the clerk of the district court under the 
general registration, and election laws of the State, in case 
of registration of voters for the State and county elections. 

It shall not be necessary for any voter who is regis¬ 
tered and votes at the biennial city or village election held 
in April, 1913, in any city or village in the State, except 
as herein otherwise provided, to register in order to vote 
at any succeeding general or special city or village elec¬ 
tion, held in such city or village so long as such elector 
continues to vote at each biennial election, held after the 
biennial election held in April, 1913, for the election of city 
or village officials; Provided, That such elector has con¬ 
tinued to live in the same city, ward or precinct or has 


ELECTION LAWS OF THE STATE OF IDAHO 


111 


properly transferred from such city or village, ward or pre¬ 
cinct to another city or village, ward or precinct, in com¬ 
pliance with the requirements with reference thereto as 
provided by the general laws of the State with reference 
to registration of voters and conduct of elections. 

Laws 1913, page 427. 


CHAPTEE XVI. 

CONTESTED ELECTIONS. LEGISLATIVE AND 
STATE OFFICERS. 


Section, 

39. Grounds of contest. 

40. Incumbent defined. 

41. Misconduct: When sufficient 

to vitiate election. 

42. Jurisdiction: Contests over 

executive offices. 

43. Same: Contest over legisla¬ 

tive offices. 

44. Notice of contest. 

45. Service of notice: Examina¬ 

tion of witnesses. 

46. Subpoenas: Application for. 

47. Same: How issued. 

48. Disobedience of subpoena; 

Penalty. 


Section. 

49. Production of papers. 

50. Witnesses’ fees and mileags. 

51. Testimony: How taken, certi¬ 

fied and preserved. 

52. Examination of poll books and 

ballots. 

53. Pees of officers. 

54. Contest papers delivered to 

presiding officers. 

55. Same: Notice of receiving 

papers. 

56. Opening and custody of pa¬ 

pers. 

57. Preservation of evidence. 


Grounds for Contest. 

Sec. 39. The election of any person to any legislative or 
State executive office may be contested: 

1. For malconduct, fraud or corruption on the part of 
the judges of election in any precinct, township or ward, 
or of any board of canvassers, or any member of either 
board, sufficient to change the result; 

2. When the incumbent was not eligible to the office at 
the time of the election; 

3. When the incumbent has been convicted of felony, 
unless at the time of the election he shall have been restored 
to civil rights; 

4. When the incumbent has given or offered to any elec¬ 
tor, or any judge, clerk, or canvasser of the election, any 
bribe or reward in money, property, or anything of value, 
for the purpose of procuring his election; 

5. When illegal votes have been received or legal votes 
rejected at the polls sufficient to change the result; 


112 


ELECTION LAWS OF THE STATE OF IDAHO 


6. For any error in any board of canvassers in counting 
votes or in declaring the result of the election, if the error 
would change the result; 

7. When the incumbent is in default as a collector and 
custodian of public money or property; 

8. For any cause which shows that another person was 
legally elected. 

Laws 1909, page 333. 

Election Contests: See the case of Toncray vs. Budge, 14 Ida. 621; 
95 Pac. 26 for a discussion of election contests. 

Incumbent Defined. 

Sec. 40. The term “incumbent^' as used in the preceding 
section means the person whom the canvassers declare 
elected. 

Misconduct: When Sufiicient to Vitiate Election. 

Sec. 41. When the misconduct complained of is on the 
part of the judges of election, it shall not be held sufficient 
to set aside the election unless the vote of the precinct, town¬ 
ship or ward would change the result as to that office. 

Jurisdiction: Contests Over Executive Oifices. 

Sec. 42. The legislature, in joint meeting, shall hear, and 
determine cases of contested election for all officers of the 
executive department. The meeting of the two houses to 
decide upon such elections shall be held in the House of 
Representatives, and the Speaker of the House shall preside. 
Cited: Hertle vs. Ball, 9 Ida. 193; 72 Pac. 953. 

Same: Contest Over Legislative Offices. 

Sec. 43. The Senate and House of Representatives shall 
severally hear and determine contests of the election of their 
respective members. 

Cited: Hertle vs. Ball, 9 Ida. 193; 72 Pac. 953. 

Notice of Contest. 

Sec. 44. Whenever any elector of this State chooses to 
contest the validity of the election of any of the officers of 
the executive department of the State, or whenever any elec- 


ELECTION LAWS OF THE STATE OF IDAHO 


113 


tor of the proper county or district chooses to contest the 
election of any member of the legislature from such county 
or district, such person shall give notice thereof, in writing, 
and leave a copy thereof with the person whose election he 
intends to contest, within twenty days after the election (if 
the person cannot be found in his district, then a copy to be 
left at his last place of residence in the district), naming 
the points on which the election shall be contested, and the 
name of some person authorized by law to administer oaths, 
selected by him to take the depositions, and the time and 
place for the taking of the same; the adverse party may also 
select one such person on his part to attend at the time and 
place of taking such depositions. 

Service of Notice: Examination of Witnesses. 

Sec. 45. The notice provided for in the preceding section 
shall be served at least ten days before the day fixed for the 
taking of depositions. The said two persons selected as 
aforesaid to take the depositions shall proceed jointly, or in 
default of either one of such persons to attend at the time 
and place fixed upon, the one attending shall proceed, to 
hear and reduce to writing the testimony of all witnesses 
who may be produced by either of said parties, and may ad¬ 
journ from day to day until all said testimony shall have 
been taken and reduced to writing: Provided, That such 
testimony shall be finally closed on or before the 29th of 
December following. 

Subpoenaes: Application For. 

Sec. 46. When any contestant or returned member is de¬ 
sirous of obtaining testimony respecting a contested elec¬ 
tion, he may apply for a subpoena to any District Judge of 
the State, or to the probate judge, or any justice of the 
peace, notary public, mayor, recorder, or other civil officer 
authorized to administer oaths within the county where the 
witness resides or may be found. 

Same: How Issued. 

Sec. 47. The officer to whom the application authorized 
by the preceding section is made, must thereupon issue his 
writ of subpoena, directed to all such witnesses as are named 


114 


ELECTION LAWS OF THE STATE OF IDAHO 


to him, requiring their attendance before the officer named 
in the notice, at some time and place named in the subpoena, 
in order to be examined respecting the contested election. 

Disobedience of Subpoena: Penalty. 

Sec. 48. Any person who, having been summoned in the 
manner above directed, refuses or neglects to attend and 
testify, unless prevented by sickness or unavoidable neces¬ 
sity, forfeits the sum of twenty dollars, to be recovered, with 
costs of suit, by the party at whose instance the subpoena 
was issued, and for his use, and is guilty of a misdemeanor. 

Production of Papers. 

Sec. 49. The officers have power to require the production 
of papers; and on the refusal or neglect of any person to 
produce and deliver up any paper or papers in his possession 
pertaining to the election, or to produce and deliver up certi¬ 
fied or sworn copies of the same in case they be official 
papers, such person is guilty of a misdemeanor. 

Witnesses’ Pees and Mileage. 

Sec. 50. Every witness attending by virtue of any sub¬ 
poena herein directed to be issued is entitled to receive the 
sum of two dollars for each day’s attendance, and the fur¬ 
ther sum of twenty-five cents for every mile necessarily 
traveled in going and returning. Such allowance must be 
ascertained and certified by the officer taking the examina¬ 
tion, and paid by the party at whose instance such witness 
was summoned. 

Testimony: How Taken, Certified and Preserved. 

Sec. 51. No testimony shall be received by the person of¬ 
ficiating at the taking of the depositions on the part of the 
contestant which does not relate to the points specified in the 
notice, a copy of which notice shall be delivered to the per¬ 
son or persons so officiating, and said testimony, together 
with a copy of the notice, when taken, shall be certified by 
the person or persons before whom the same is taken, en¬ 
veloped, sealed up, indorsed ‘‘Deposition taken in the matter 
of the contest of the election of A. B. to the office or. 



ELECTION LAWS OF THE STATE OF IDAHO 


115 


and directed to the Secretary of State, who shall preserve 
the same, unopened, till the meeting of the legislature. 

Examination of Poll Books and Ballots. 

Sec. 52. If, at the time of taking depositions to be used 
before the legislature, or either branch thereof, in the case 
of a contested election, the notice shall allege that it is nec¬ 
essary for the determination of such contest that the ballots 
or the poll books of any election district or districts should 
be inspected, the officer or officers before whom such deposi¬ 
tions shall be taken shall, on the request of either party to 
the contest, issue an order requiring the county auditor or 
other person in whose custody or possession the ballots or 
poll books may be, naming the district or districts mentioned 
in the notice, to deliver them to the person or persons there¬ 
in named, who shall deliver them to the person or persons 
issuing such order. Such officer or officers shall transmit 
such ballots or poll books, unopened, in the same envelope 
with the depositions, as provided in the preceding section. 

Fees of Officers. 

Sec. 53. Officers performing services, in a contested elec¬ 
tion case, may charge and collect from the party at whose 
instance such services were performed, the same fees as are 
allowed for similar services in civil cases. 

Contest Papers Delivered to Presiding Officer. 

Sec. 54. On the second day of the organization of the 
legislature, the Secretary of State shall deliver to the 
Speaker of the House all papers relating to the contested 
elections of executive officers, and to the presiding officers of 
each house, all papers relating to contested elections of the 
members of their respective houses. 

Same: Notice of Receiving Papers. 

Sec. 55. Upon the reception, by such presiding officers, of 
papers relating to contested elections, they shall immediately 
give notice to their respective houses that such papers are in 
their possession. Where the papers relate to the contest of 
a State executive officer, the House of Representatives shall 
notify the Senate, and a day shall be fixed by both houses. 


116 


ELECTION LAWS OF THE STATE OF IDAHO 


by concurrent resolution, for the uniting of the two houses 
to decide upon the same, in which decision the yeas and nays 
shall be taken and entered upon the journal. 

Opening and Custody of Papers. 

Sec. 56. The papers relating to any such contests shall be 
opened only in the presence of the body by the presiding 
officer, to whom the same shall be delivered. If ballots or 
poll books are contained therein, they shall, after being 
opened, remain in the custody of such presiding officer, sub¬ 
ject to the inspection of the members, unless they shall by 
vote be temporarily committed to the chairman of a com¬ 
mittee, in which case such chairman shall return them to the 
proper presiding officer; and they shall, upon the decision of 
the contest, be again sealed up in an envelope, and returned 
by mail or otherwise to the office of the county auditor in 
which they were first required to be filed. 

Preservation of Evidence. 

Sec. 57. All the evidence in any contest provided for in 
the last preceding section, except ballots or poll books, shall, 
after a decision thereof, be preserved in the office of the 
Secretary of State. 


CHAPTER XVII. 

HOLIDAYS. 

Sec. 10. Holidays, within the meaning of these Revised 
Codes are: Every Sunday, the First Day of January, the 
Twenty-second Day of February, the Thirtieth Day of 
May (known as Decoration Day), the Fourth of July, the 
first Monday of September (known as Labor Day), the 
Twenty-fifth Day of December, the Twelfth Day of October 
(known as Columbus Day), the Fifteenth Day of June 
(known as Idaho Pioneer Day), every day on which an 
election is held throughout the State, and every day ap¬ 
pointed by the President of the United States or by the 
Governor of the State, for a public fast, thanksgiving or 
holiday. 

Laws 1911, page 482. 


ELECTION LAWS OF THE STATE OF IDAHO 


117 


CHAPTER XVIII. 

COMMISSION FORM OF GOVERNMENT. 


Section. Section. 


1. 

What cities may adopt. 

7. 

General laws apply: City 

2. 

Petition: 

: Election: Officers: 


council canvassing board. 


Term: 

Vacancies. 

8. 

Bribery: Carriages unlawful: 

2a. 

Vacancies: How filled. 


Penalty. 

2b. 

Registration: Election officers. 

9. 

Crimes: Penalties. 

3. 

General 

laws applicable: 

23. 

Initiative and referendum. 


Charters void. 

24. 

Initiative: Method of exercise. 

4. 

Elections. 

25. 

Referendum. 

4a. 

Same: 

Nomination. 

26. 

Same: Council may submit. 

4b. 

Same. 


27. 

Ballots. 

4c. 

Same: Petition of nomination. 

28. 

Publication of ordinances. 

4d. 

Same: 

Clerk to furnish cer- 

29. 

Passage of ordinance by peo¬ 


tificates. 


ple. 

4e. 

Same: 

Certificate: Who may 

30. 

Inconsistent ordinances. 


sign. 


31. 

Repeal or amendment by same 

4f. 

Same: 

When certificates to 


method. 


be filed. 

32. 

More than one ordinance may 

4g. 

Same: 

Duties of clerk. 


be proposed. 

4h. 

Same: 

Withdrawal of name. 

33. 

Council may prescribe rules. 

4i. 

Same: 

Withdrawal of candi- 

34. 

Recall. 


date. 


35. 

Same: Procedure. 

4j. 

Same: 

Petition to be filed. 

36. 

Same: Petition. 

4k. 

Same: 

Petitions to be pre- 

37. 

Same: Duty of clerk. 


served. 


38. 

Same: Objections by officer. 

41. 

Same: 

Acceptance of nomi- 

39. 

Same: Presentation to council. 


nation. 


40. 

Insufficient petition. 

4m. 

Same: 

Publication of notice. 

41. 

Election. 

4n. 

Same: 

Ballots. 

42. 

Same. 

4o. 

Same: Preparation of ballots. 

43. 

Same: 200 words for both par¬ 

4p. 

Same: 

Second election. 


ties in election call. 

4q. 

Same: 

Names of candidates. 

44. 

Incumbent a candidate. 

4r. 

Same: 

Form of ballot. 

45. 

General laws apply. 

4s. 

Same: 

Continued. 

46. 

Incumbent defeated: Effect. 

4t. 

Same: 

Continued. 

47. 

Disqualification of officer re¬ 

4u. 

Same: 

Sample ballots. 


called. 

4v. 

Same: 

Who elected. 

48. 

More than one officer may be 

4w. 

Same: 

Second election. 


recalled. 

4x. 

Same: 

When held. 

49. 

Vacancy. 

4y. 

Same: 

General provisions 

50. 

Council may prescribe rules. 


govern. 

75. 

Abandonment of commission 

4z. 

Same: 

Registration. 


form: Procedure. 

5. 

Failure 

to qualify: Vacancy. 

76. 

Petitions in general. 


6. Informalities. - 

What Cities May Adopt. 

Sec. 1. That any city within the State of Idaho, or¬ 
ganized under the general laws of the State, or under special 
charter, or under a general incorporating Act, now or here¬ 
after having, as shown by the last preceding State or Na¬ 
tional census, a population of two thousand five hundred 
persons, or over that number, may become organized as a 
city under the provisions of this Act by proceedings as here¬ 
inafter provided. • 

Laws 1911, page 281. 

Cited: Kessler vs. Fritchman, 21 Ida. 30; 119 Pac. 692. Swain vs. 
Fritchman, 21 Ida. 783. 

Charter Cities: Under the provisions of this section it is specific¬ 
ally provided that any city within the state organized under a special 


118 


ELECTION LAWS OF THE STATE OF IDAHO 


charter may adopt the provisions of the commission from of gov¬ 
ernment act. 

Swain vs. Fritchman, 21 Ida. 783. 

Petition: Election: Officers: Term: Vacancies. 

Sec. 2. Upon petition of electors equal in number to 
twenty-five (25) per centum of the votes cast for all candi¬ 
dates for mayor at the last preceding general city election 
of any such city, the mayor shall, by proclamation, issued 
within ten (10) days after filing of such petitions, submit 
the question of organizing as a city under this Act at a spe¬ 
cial election to be held at a time specified therein, and within 
sixty (60) days after said petition is filed. If said plan is 
not adopted at the special election so called, the question of 
adopting said plan shall not be resubmitted to the voters of 
said city for adoption within two (2) years thereafter, and 
then the question to adopt may be re-submitted upon the 
presentation of a new petition signed by the electors of such 
city equal in number to twenty-five (25) per centum of the 
votes cast for all candidates for mayor at the last preceding 
general city election. 

At such election the proposition to be submitted to the 
electors shall be, ^‘Shall the proposition to organize the city 
of (name of city) under the laws of the Eleventh Session of 
the Legislature of Idaho, approved., 1911, re¬ 
corded at page.of the Session Laws of said Eleventh 

Session, be adopted?’’ and an election thereupon shall be con¬ 
ducted, the vote canvassed, and the result declared in the 
same manner as provided by law in respect to other city elec¬ 
tions. If the majority of the votes cast shall be in favor 
thereof, the city shall thereupon proceed to the election of 
five (5) councilmen, one of whom shall be known, desig¬ 
nated and elected as the mayor, as hereinafter provided. 
Immediately after such proposition is adopted, the mayor 
shall transmit to the Governor, the Secretary of State, and 
to the county auditor of the county in which such city is 
located each a certificate, stating that such proposition was 
adopted, and giving the date of the election at which it was 
adopted. At the regular city election after the adoption of 
such proposition, there shall be elected five (5) councilmen. 




ELECTION LAWS OF THE STATE OF IDAHO 


119 


one of whom shall be known, designated and elected as 
mayor, which five (5) persons shall be known as the council. 
The first mayor elected after the adoption of this Act shall 
hold office until the next general election, or until his suc¬ 
cessor shall be elected and qualified; thereafter a mayor 
shall be elected every two (2) years and shall hold office 
until his successor shall be elected and qualified, except as 
hereinafter provided; the councilmen first elected after the 
adoption of the provisions of this Act, upon their qualifica¬ 
tions, shall be divided into two (2) classes of two (2) mem¬ 
bers each, the first class to serve for a term of two (2) 
years each, and the second class to serve for a term of four 
(4) years each, which division and determination shall be 
made by lot under the supervision of the mayor. The two 
(2) councilmen who are to serve the first two (2) years 
after the adoption of this Act shall serve only until the 
next general election. The two (2) who are by such de¬ 
termination to hold office for four (4) years shall hold office 
until the second general election, and until their successors 
are elected and qualified. And at each general municipal 
election thereafter there shall be elected two (2) members 
of the council on such general ticket for terms of four (4) 
years each. 

In case of vacancy among the hold-over members tem¬ 
porarily filled by appointment of the council as herein pre¬ 
scribed, such vacancy shall be filled in the next ensuing gen¬ 
eral election for the remainder of the term, in the same man¬ 
ner as herein prescribed for the nomination and election of 
other councilmen. 

Laws 1911, page 281. 

Cited: Kessler vs. Fritchman, 21 Ida. 30; 119 Pac. 692. Swain vs. 
Fritchman, 21 Ida. 783. 

Vacancies: How Filled. 

Sec. 2 (a). If a vacancy shall occur in the office of 
mayor or councilman, the council shall appoint a qualified 
person to fill such vacancy. If at any second municipal elec¬ 
tion, when such second municipal election is necessary, held 
under the provisions of this Act, the mayor or other member 
of the council be not elected by reason of a tie vote among 


120 


ELECTION LAWS OF THE STATE OF IDAHO 


any of the candidates therefor, then the council after the 
qualifications of the persons, if any, elected thereto at such 
election, shall appoint one of the persons receiving such tie 
vote to fill such office as in the case of a vacancy therein. In 
each case the person so appointed shall hold office, subject 
to the provisions of the recall under the next general munici¬ 
pal election. 

In the event, however, that the next regular city election 
does not occur within one (1) year after such special elec¬ 
tion on said question, the mayor, in case said proposition 
carries, shall, within ten (10) days after said election, by 
proclamation, call a special election for the election of five 
(5) city councilmen, one (1) of whom shall be designated 
and elected as mayor, for such city, sixty (60) days' notice 
thereof, by publication in the official newspaper of such city 
being given in such call; such election in either case to be 
conducted as herein provided. 

Laws 1911, page 283. 

Kegistration: Election Officers. 

Sec. 2 (b). For the purpose of the election for the adop¬ 
tion or rejection of the proposition to become organized as 
a city under this Act, and for the election provided herein 
to be called by the mayor's proclamation, for the purpose of 
electing the first council, in case the proposition carries, it 
shall not be necessary for any qualified elector of such city, 
who was duly registered for the last preceding general 
municipal election held therein, to register for either of said 
above named elections; the registration books, lists, oaths 
and all other registration supplies used for such last pre¬ 
ceding general municipal election shall be used for both said 
elections; the same registrars who acted at the last preced¬ 
ing general election shall act, but in case of vacancy from 
any cause in the office of any registrar, the council shall 
fill such vacancies; Provided: Any qualified elector who 
was not registered for said last preceding general municipal 
election may register for said elections above named by ap¬ 
plying to the registrar of his ward or precinct within the 
time the registration books are open for that purpose. The 
council shall, prior to the said election at which the proposi- 


ELECTION LAWS OF THE STATE OF IDAHO 


121 


tion to become organized under this Act is submitted to be 
voted upon, appoint all election officers provided for by the 
general election laws pertaining to such cities, and said elec¬ 
tion officers shall act at the said election held to elect the 
first council, if a special election is called for that purpose; 
Provided : That the council may fill any vacancies that may 
occur in any of said offices; Provided, further: That, if, 
from any cause, any of the election officers in any ward or 
precinct should fail to be present at the polling place at the 
time of opening of the polls, then such vacancy may be 
filled by the electors present 

Laws 1911, page 283. 

Cross Reference: See Sec. 2249: City clerk is registrar. 

General Laws Applicable: Charters Void. 

Sec. 3. All general laws of the State of Idaho governing 
or pertaining to such cities and not inconsistent with the 
provisions of this Act, shall apply to and govern cities or¬ 
ganized under this Act; Provided: That no provisions of 
any special charter or other special Act or law which any 
such city may be operating under at the time of its becoming 
organized under this Act, shall thereafter be applicable to 
such city while it is operating under the provisions of this 
Act. All by-laws, ordinances and resolutions lawfully passed 
and in force in any such city under its former organization 
shall remain in full force until altered or repealed by the 
council elected under the provisions of this Act. The ter¬ 
ritorial limits of such city shall remain the same as under 
its former organization, but such territorial limits may be 
extended or changed as provided by law, and all rights and 
property of every description which are vested in any such 
city under its former organization shall vest in the same 
under the organization herein contemplated, and no right 
or liability, either in favor of or against it, existing at the 
time, and no suit or prosecution of any kind shall be af¬ 
fected by such change, and such city shall be the successor 
of the former organization and shall have perpetual succes¬ 
sion ; it shall have and exercise all powers, functions, rights 
and privileges, nor or hereafter given or granted it, and 
shall be subject to all the duties, obligations, liabilities and 


122 


ELECTION LAWS OF THE STATE OF IDAHO 


limitations now or hereafter imposed upon such municipal 
corporations by the Constitution and laws of the State of 
Idaho, and shall have and exercise all other powers, func¬ 
tions, rights and privileges usually exercised by, or which 
are incidental to, or in herein, such municipal incorporations 
of like character and degree. 

Laws 1911, page 284. 

Application of Act: Under the provisions of this section when¬ 
ever a change of form of government is made from that under a 
special charter or from an organization under the general laws of the 
new form of government provided by said act, the provisions of the 
act are made to apply alike to all such cities making such change, 
under the classification made by the act. 

Kessler vs. Fritchman, 21 Ida. 30; 119 Pac. 692. 

General Laws Govern: Under this section a special charter city, 
which has decided by popular vote, in accordance with the provisions 
of the act, to adopt the commission form of government, is thereafter 
subject to, and governed by all the general laws of the state govern¬ 
ing or pertaining to cities of the second class which are not incon¬ 
sistent with the provisions of the commission government act. 

Swain vs. Fritchman, 21 Ida. 783. 

Definition of Terms: The words “such cities” as used in this 
section mean cities of the class to which the one adopting the new 
form of government belongs, if existing under the general laws, or 
would legally belong if it were organized and operating under the 
general laws of the State. 

Swain vs. Fritchman, 21 Ida. 783. 

Cities of the First Class: See Laws of 1913, page 312. 

Elections. 

Sec. 4. All such cities which shall have adopted this Act 
and become organized thereunder shall elect the officers pro¬ 
vided herein to hold office until the next general municipal 
election, to be held as hereinafter provided. A general 
municipal election shall be held in such city organized under 
this Act, on the first Tuesday in April, 1913, and on the first 
Tuesday in April in every second year thereafter, and shall 
be known as a general municipal election. A second election 
shall be held, when necessary, as provided in Section 4 (w) 
of this Act, on the third Tuesday after said general munici¬ 
pal election, and shall be known as the second general mu¬ 
nicipal election. 


ELECTION LAWS OF THE STATE OF IDAHO 


123 


All other municipal elections that may be held by author¬ 
ity of this Act, or of general law, shall be known as special 
municipal elections. 

Laws 1911, page 285. 

Same: Nominations. 

Sec. 4 (a). The mode of nomination and election of all 
elective officers of the city to be voted for at any municipal 
election shall be as follows and not otherwise: 

Laws 1911, page 285. 

Same. 

Sec. 4 (b). The name of a candidate shall be printed 
upon the ballot when a petition for nomination shall have 
been filed in his behalf, in the manner and form and under 
the conditions hereinafter set forth. 

Laws 1911, page 285. 

Same: Petition of Nomination. 

Sec. 4 (c). The petition of nomination shall consist of 
not less than twenty-five (25) individuals' certificates, 
which shall read substantially as follows: 

PETITION OF NOMINATION 
INDIVIDUAL CERTIFICATE. 

State of Idaho, 'l 

County of... I ss. 

City of.J 

Precinct or ward No. 

I, the undersigned, certify that I do hereby join in a peti¬ 
tion for the nomination of., whose resi¬ 
dence is at No.Street.(city) for the 

office of., to be voted for at the municipal 

election to be held in the city of.on the. 

day of.19., and I further certify that I am a 

qualified elector and am not at this time the signer of any 
other petition nominating any other candidate for the above 
named office, or in case there are several places to be filled 
in the above named office, that I have not signed more peti- 













124 


ELECTION LAWS OF THE STATE OF IDAHO 


tions than there are places to be filled in the above named 

office; that my residence is at No..Street.(city), 

and that my occupation is.(Signed). 


State of Idaho, 

County of. 

City of. 


ss. 


., being first duly sworn, deposes 

and says that he is the person who signed the foregoing cer¬ 
tificate and that the statements therein are true and correct. 

(Signed). 

Subscribed and sworn to before me this.day of 

., 19. 


Notary Public. 

The petition of nomination of which this certificate forms 

a part, if found insufficient, shall be returned to., 

at.Street,.(city), Idaho. 

Laws 1911, page 285. 

Same: Clerk to Furnish Certificates. 

Sec. 4 (d). It shall be the duty of the City Clerk to 
furnish, upon application, a reasonable number of regular 
printed forms of individual certificates of the above char¬ 
acter, also to furnish forms of acceptance, or rejection of 
nomination to any person or persons applying therefor. 

Laws 1911, page 286. 

Same: Certificate: Who May Sign. 

Sec. 4 (e). Each certificate must be a separate paper. 
All certificates must be of a uniform size, the size to be de¬ 
termined by the city clerk. Each certificate must contain 
the name of one (1) signer thereto and no more. Each 
signed must be a qualified elector, must not at the time of 
signing the certificate have his name signed to any other 
certificate for any other candidate for the same office, nor, 
in case there are several places to be filled in the same office, 
signed to more certificates for candidates for that office 
than there are places to be filled in such office. In case an 
elector has signed two (2) or more conflicting certificates. 

















ELECTION LAWS OF THE STATE OF IDAHO 


125 


all his certificates shall be rejected. Each signer must 
verify his certificate and make oath that the same is true 
before a Notary Public, as provided for in this Section. 
Each certificate shall further contain the name and address 
of the person to whom the petition is to be returned in case 
said petition is found insufficient. 

Laws 1911, page 286. 

Same: When Certificates to Be Filed. 

Sec. 4 (f). The petition of nominations, consisting of 
not less than twenty-five (25) such individual certificates 
for any one (1) candidate may be presented to the city 
clerk not earlier than forty-five (45) days, nor later than 
thirty (30) days, before the said first election. The clerk 
shall endorse thereon the date upon which the petition was 
presented to him. 

Laws 1911, page 286. 

Same: Duties of Clerk. 

Sec. 4 (g). When the petition of nomination is presented 
for filing to the city clerk, he shall forthwith examine the 
same and ascertain whether it conforms to the provisions 
of this section. If found not to conform thereto, he shall 
then and there, in writing, designate on said petition the 
defect or omission or reason why such petition cannot be 
filed, and shall return the petition to the person named as 
the person to whom the same may be returned in accord¬ 
ance with this section. The petition may then be amended 
and again presented to the clerk if within the time allowed 
for filing such petition, as in the first instance. The clerk 
shall forthwith proceed to examine the amended petition as 
hereinbefore provided for the original petition. The peti¬ 
tion may be amended any number of times, provided that 
the last amended petition is on file within the time before 
the election herein prescribed for the filing of original peti¬ 
tions. If necessary, the council shall provide extra help to 
enable the city clerk to perform satisfactorily, and in due 
time and promptly, the duties imposed by this section. 

Laws 1911, page 286. 


126 ELECTION LAWS OF THE STATE OF IDAHO 
Same: Withdrawal of Name. 

Sec. 4 (h). Any signer to the petition of nomination and 
certificate may withdraw his name from the same by filing 
with the city clerk a verified revocation of his signature 
before the filing of the petition with the clerk, and not other¬ 
wise. He shall then be at liberty to sign a petition for 
another candidate for the same office. 

Laws 1911, page 287. 

Same: Withdrawal of Candidate. 

Sec. 4 (i). Any person whose name has been presented 
under this section as a candidate may, not later than thirty 
(30) days before the date of election, cause his name to be 
withdrawn from nomination by filing with the city clerk 
a request therefor in writing, and no name so withdrawn 
shall be printed upon the ballot. If, upon such withdrawal, 
the number of candidates remaining does not exceed the 
number so to be elected, then other nominations may be 
made by filing petitions therefor not later than twenty (20) 
days prior to such election. 

Laws 1911, page 287. 

Same: Petition to Be Filed. 

Sec. 4 (j). If either the original or the amended peti¬ 
tion of nomination be found sufficiently signed, as herein¬ 
before provided, the clerk shall file the same twenty-five 
(25) days before the date of election. When a petition of 
nomination shall have been filed by the clerk, it shall not be 
withdrawn nor added to, and no certificate shall be revoked 
thereafter. 

Laws 1911, page 287. 

Same: Petitions to Be Preserved. 

Sec. 4 (k). The city clerk shall preserve in his office 
for a period of two (2) years all petitions of nomination 
and all certificates belonging thereto filed under this sec¬ 
tion. 

Laws 1911, f)age 287. 

Same: Acceptance of Nomination. 

Sec. 4 (1). Any person nominated under this Act shall 


ELECTION LAWS OF THE STATE OF IDAHO 


127 


file his acceptance with the clerk not later than twenty-five 
(25) days before the day of election; and in the absence of 
such acceptance, the name of the candidate shall not appear 
on the ballot. Such acceptance shall be substantially in the 
following form: 


State of Idaho, 1 

County of.j> ss. 

City of. J 

., having heretofore been nominated 

for the office of., of the city of.do 

hereby accept said nomination. I hereby declare that I am 
not a candidate as the nominee or representative of, or be¬ 
cause of any promised support from, any political party, or 
any committee or convention representing or acting for any 
political party or organization. 

(Signed). 


(Candidate). 

Subscribed and sworn to before me this.day of 

.A. D. 19. 


Notary Public in and for 
.(County). 

Laws 1911, page 287. 

Same: Publication of Notice. 

Sec. 4 (m). Immediately after such petitions are filed, 
the clerk shall enter the names of the candidates in a list, 
with the offices to be filled, and shall, not later than twenty 
(20) days before the said first election, certify such list as 
being the list of candidates nominated as required by this 
Act, and the City Council shall cause said certified list of 
names and the offices to be filled to be published in the proc¬ 
lamation calling for the election, the first publication of the 
proclamation which includes the said list to be at least ten 
(10) days before the said first election in not more than 
two (2) daily papers of general circulation published in 
such city, and if no daily papers are published in the city, 
then in some other newspaper published in the city. Said 
proclamation shall conform in all respects to the general 













128 


ELECTION LAWS OF THE STATE OF IDAHO 


State law governing the conduct of municipal elections now 
or hereinafter in force except as above required. 

Laws 1911, page 288. 

Same: Ballots. 

Sec. 4 (n). The city clerk shall cause the ballots to be 
printed and bound and numbered as provided for by gen¬ 
eral law, except as otherwise required in this Act. The 
ballots shall be uniform in size; no exact size is prescribed 
for the ballots, but they shall be of sufficient size to contain 
the list of names and the respective offices as published in 
the proclamation, and shall have printed thereon substan¬ 
tially the following: 

OFFICIAL BALLOT 

GENERAL (OR SPECIAL) MUNICIPAL ELECTION, 
CITY OF. 

(Inserting date-thereof.) 

Instructions to voters: To vote, stamp or write a cross 
(X) in the square opposite the name of the candidate for 
whom you desire to vote. To vote on any ordinance or other 
question submitted place a cross (X) in the square to the 
right of such ordinance, or other question, in the one marked 
(yes) or (no) according to the way you desire to vote on it. 
All marks otherwise made are forbidden. All distinguishing 
marks are forbidden and make the ballot void. If you, by 
mistake or accident, mark, tear or deface or otherwise muti¬ 
late this ballot, return to the election judges and obtain an¬ 
other ballot. 

Laws 1911, page 288. 

Same: Preparation of Ballots. 

Sec. 4 (o). All ballots shall be precisely of the same size, 
quality, tint of paper, kind of type and color of ink, so that 
without the number it would impossible to distinguish one 
ballot from another; and the names of all candidates printed 
upon the ballot shall be in type of the same size and style. 
The form shall be set up with the names of candidates in 
the order in which they appear upon the form of official 
ballot prepared by the city clerk; in printing each set of 



ELECTION LAWS OF THE STATE OF IDAHO 129 

official ballots for the various election precincts or wards, 
the position of the names shall be changed in each office di¬ 
vision as many times as there are candidates in the office di¬ 
vision or group in which there are the most names; as 
nearly as possible, an equal number of ballots shall be print¬ 
ed after each change. In making the changes of position, 
the printer shall take the line of type at the top of each office 
division and place it at the bottom of that division, shoving 
up the column so that the name that was second before shall 
be first after the change. After the ballots are printed, 
before being cut, they shall be kept in separate piles for 
each change of position and shall then be piled, taking one 
from each pile and placing it upon the pile to be cut, the 
intention being that every other ballot in the pile of printed 
sheets shall have the names in different position. After the 
piles are. made in this manner, they shall be cut and placed 
in blocks of one hundred (100) ballots in each block, every 
other ballot in such blocks to have the names in different 
position, as nearly as practicable. Nothing shall be placed 
on any ballot which shall be indicative of the source of the 
candidacy or of the support of any candidate or of the 
principles or platform of any candidate, and no emblem 
of any kind indicative of any party organization shall be 
placed upon any such ballot. In addition thereto, the ballot 
shall, in the discretion of the city clerk, be of sufficient size 
to permit a column on the right hand side of the ballot on 
which all other questions, ordinances and measures to be 
voted upon at the municipal elections, as provided for under 
this Act, may be placed. The size of the ballot and the space 
to be left for such column shall be determined by the city 
clerk after ascertaining the number of other questions to be 
voted upon at any municipal election; Provided, however: 
That if, in the opinion of the city clerk, the placing of such 
other questions, ordinances and measures, as are to be sub¬ 
mitted, on the same ballot with the names of the candidates 
to be voted for for the various offices, would make such bal¬ 
lot cumbersome, or, in his opinion, too large, then such clerk 
shall have printed separate ballots for such other questions, 
ordinances and measures, which ballots shall be uniform in 
size and color and of sufficient size to contain all such ques- 


Elec. Laws—5 


130 ELECTION LAWS OF THE STATE OF IDAHO 

tions, ordinances and measures submitted at the same elec¬ 
tion ; Provided, further : That, if any of the questions, ordi¬ 
nances or measures are printed on separate ballots, then all 
must be printed on such separate ballot and all on one form 
of ballot, which separate ballot shall, when used, be of a 
different tint from the ballots which contain the names of 
the candidates to be elected; Provided, further: That any 
proper ordinance or question which was not printed on the 
ballots, used at said first election, and which, complying with 
the provisions of this Act, may properly be submitted at the 
time of said second election provided for herein, may be sub¬ 
mitted and voted upon at the second election; And provided, 
further: That no such second election shall be held for the 
sole and only purpose of voting on proposed ordinances, or 
other questions, and in cases where no second election is re¬ 
quired to be held for the purpose of electing officers, the 
proposed ordinances and other questions must be submitted 
at an election called for that purpose in the manner as pro¬ 
vided in this Act. 

Laws 1911, page 289. 

Same: Second Election. 

Sec. 4 (p). All ballots used for second election, when 
such second election, according to the provisions of this Act, 
is necessary, shall fully comply with the requirements of 
the ballots for the first election, as set forth above, for all 
candidates for all offices who were not elected by such ma¬ 
jority vote at said first election; Provided: That no ques¬ 
tion or ordinance submitted and voted upon at said first 
election shall be resubmitted and voted upon at said elec¬ 
tion should the same be placed upon the ballots for said 
election, provided for herein. 

Laws 1911, page 290. 

Same: Names of Candidates. 

Sec. 4 (q). The name of no candidate who has been duly 
and regularly nominated and has not withdrawn his name 
as hereinafter provided shall be omitted from the ballot, 
and all names shall be on one form of ballot. 

Laws 1911, page 290. 


ELECTION LAWS OF THE STATE OF IDAHO 


131 


Same: Form of Ballot. 

Sec. 4 (r). The form of ballot to be used for such first 
and second elections provided by this Act shall be substan¬ 
tially as follows: 

OFFICIAL (FIRST OR SECOND ELECTION) BAL¬ 
LOT, CANDIDATES FOR NOMINATION (OR ELEC¬ 
TION) FOR MAYOR AND COUNCILMEN OF. 

(city) AT THE (FIRST OR SECOND) ELECTION. 


Election to be held.19. 

For Mayor 
(vote for one) 

(Names of candidates) 

For Councilmen 

(vote for (here insert number)) 

(Names of candidates) 

Official Ballot attest 
(signature) 


City Clerk. 

Laws 1911, page 291. 

Same: Continued. 

Sec. 4 (s). A half-inch square shall be provided at the 
right of the name of each candidate wherein to mark the 
cross (X). Two (2) such squares shall also be placed to 
the right of any ordinance or question to be voted on, 
whether they are printed on the same ballot with the names 
of candidates or printed on separate ballots, and in the up¬ 
per square shall be printed the word “no’', and if the voter is 
in favor of the ordinance or question, he shall place his cross 
in the square containing the word “yes”, and, if opposed, he 
shall place his cross in the square containing the word “no”, 
but it shall not be compulsory to vote on any ordinance or 
question submitted. Above each ordinance (or measure) 
there shall be placed on the ballot the following words: 
“Shall the following ordinance (or measure) be adopted?” 

Laws 1911, page 291. 







132 ELECTION LAWS OF THE STATE OF IDAHO 
Same: Continued. 

Sec. 4 (t). Half-inch spaces shall be left below the print¬ 
ed names of candidates for each office equal in number to the 
number to be voted for, w'herein the voter may write the 
name of any person or persons for whom he may wish to 
vote. 

Laws 1911, page 291. 

Same: Sample Ballots. 

Sec. 4 (u). The clerk shall cause to be printed sample 
ballots for both first and second elections where a second 
election is to be held, and sample ballots containing all ordi¬ 
nances and measures to be submitted, which sample ballots 
shall be in the same form as the official ballots to be used, 
except they shall have printed thereon the words “sample 
ballots” and shall be printed on a different colored paper 
from the official ballot and shall not be numbered; and the 
clerk shall furnish copies of the same, on application at his 
office, to anyone applying therefor, at least five (5) days be¬ 
fore the election. 

Laws 1911, page 291. 

Same: Who Elected. 

Sec. 4 (v). In case there is but one person to be elected 
to an office as mayor, the candidate receiving a majority of 
the votes for all the candidates at the said first election for 
that office shall be declared elected; in case there are two 
or more persons to be elected to an office, as that of council- 
men then those individual candidates, if any, equal in num¬ 
ber to the number to be elected, who receive the number of 
votes greater than one-half (I/ 2 ) the number of ballots cast 
at such election, shall be declared elected; Provided^ how¬ 
ever : That no person shall be declared elected to any office 
at such first election unless the number of votes received by 
him shall be greater than one-half (i/^) the number of bal¬ 
lots cast at such election for such office. 

Laws 1911, page 292. 

Same: Second Election. 

Sec. 4 (w). If at any election held as above provided 


ELECTION LAWS OF THE STATE OF IDAHO 


133 


there be any office to which the required number of persons 
were not elected, as above provided, then as to such office 
the said first election shall be construed to have been a pri¬ 
mary election for the nomination of candidates, and the sec¬ 
ond election shall be held to fill such office or offices. The 
candidates not elected at such first election, equal in number 
to twice the number to be elected to any given office, which 
was not so filled by the said first election, or less, if so there 
be, who receive the highest number of votes for the respect¬ 
ive offices at such first election, shall be the only candidates 
at such second election; Provided: That, if there be any 
person, who, under the provisions of this subdivision, would 
have been entitled to become for any office, except for the 
fact that some other candidate received an equal or tie num¬ 
ber of votes therefor, then all such persons receiving an 
equal or tie number of votes shall likewise become candi¬ 
dates for such office at such second election, and their names 
shall be also placed on the ballot for such second election. 

The candidates, equal in number to the persons to be 
elected at such second election, who shall receive the high¬ 
est number of votes at such second election, shall be declared 
elected to such office. 

Laws 1911, page 292. 

Same: When Held. 

Sec. 4 (x). The said second election, if necessary to be 
held, shall be held on the third Tuesday after the first elec¬ 
tion. 

Laws 1911, page 292. 

Same: General Provisions Govern. 

Sec. 4 (y). All the provisions and conditions above set 
forth as to the calling, holding, and conducting of elections, 
so far as they may be applicable, shall govern the second 
election, except that notice of election and the list of candi¬ 
dates and offices to be filled need be published twice only. 
And provided, also: That the same precincts, or wards, 
and polling places, the same officers of election, the same 
registrar and registration books and lists and check and 
tally books shall, if possible, be used. 

Laws 1911, page 292. 


134 ELECTION LAWS OF THE STATE OF IDAHO 
Same: Eegistration. 

Sec. 4 (z). The registration books shall close on the 
Saturday night preceding the said first election, at 9 o'clock 
P. M., and shall remain closed, and no person be allowed to 
register until on Wednesday following said first election; if 
a second election is to be held, then any qualified elector who 
was not properly registered for said first election may apply 
to the registrar and register for the said second election at 
any time during business hours and while said books are 
open, as required by law, until the Saturday night at 9 
o'clock preceding said second election, when said registra¬ 
tion books are closed, and no person shall be permitted to 
register for said second election after said registration 
books are closed. Any elector who is not registered as re¬ 
quired shall not be entitled to vote at either said first or said 
second election. After closing said registration books, the 
registrar shall prepare his registration books alphabetically, 
and his appointment, duties and compensation shall be the 
same as provided by general law, except as herein otherwise 
provided. No qualified elector who is duly registered as a 
voter at the last preceding general municipal election next 
preceding the adoption by the city of the provisions of this 
Act, shall be required to re-register for the election at 
which is submitted the proposition of adopting the provis¬ 
ions of this act, or for any election held in such city after 
the adoption of the general provisions of this Act, so long as 
he remains or has remained continuously after such regis¬ 
tration a duly qualified elector of such city; Provided : That 
if, after any qualified elector has registered for the said last 
preceding general municipal election prior to the adoption 
of this Act, or after registering for an election for the adop¬ 
tion of or after the adoption of this Act, he has failed to 
keep his continuous residence and full qualifications to vote 
in such city, regardless of how short the term of disqualifica¬ 
tion shall exist or have existed, he shall not be entitled to 
vote at any election after such disqualification existed unless 
he shall have re-registered for the election at which he next 
desires to vote. 


Laws 1911, page 293. 


ELECTION LAWS OF THE STATE OF IDAHO 


135 


Failure to Qualify: Vacancy. 

Sec. 5. If a person elected fails to qualify, the office shall 
be filled as if there were a vacancy in such office as herein¬ 
after provided. 

Laws 1911, page 293. 

Informalities. 

Sec. 6. Any informalities in conducting municipal elec¬ 
tions shall not invalidate the same if they have been con¬ 
ducted fairly and without fraud and in substantial conform¬ 
ity to the requirements of this Act. 

Laws 1911, page 294. 

General Laws Apply: City Council Canvassing Board. 

Sec. 7. The provisions of the State law relating to the 
qualifications of electors, appointment, qualification, duties 
and compensation of registrars, and the registration of 
voters, the manner of voting, the duties of election officers, 
the canvassing of returns and all other particulars in re¬ 
spect to the calling, holding, management and conduct of 
elections, so far as they may be applicable, and not herein 
otherwise specially provided for, shall govern all municipal 
elections, provided that the city council shall meet as a can¬ 
vassing board and duly canvass and certify the election re¬ 
turns within four (4) days after any municipal election. 

Laws 1911, page 294. 

Bribery: Carriages Unlawful: Penalty. 

Sec. 8. No person shall, in order to aid or promote his 
own nomination or election to any office under the provis¬ 
ions of this Act, directly or indirectly, either himself or 
through any other person, give, pay, expend or contribute, 
promise to give, pay, expend or contribute any money or 
other valuable thing or service except for the printing and 
distribution of circulars, cards, pamphlets, newspaper arti¬ 
cles and other publications whereby he states his position or 
views upon public questions or any matters relating to the 
affairs of such municipality, for the necessary expenses in 
hiring or renting halls for the purpose of holding public 
meetings to address the voters and others upon such ques- 


136 ELECTION LAWS OF THE STATE OF IDAHO 

tions and matters relating to his candidacy, and for station¬ 
ery and postage. 

No person shall agree to perform any services in the in¬ 
terest of any candidate for any such office provided for in 
this Act in consideration of any money or other valuable 
thing for such services performed in the interest of any 
such candidate. 

It shall be unlawful for any person to use any carriage, 
automobile or vehicle of any kind or description for the 
transportation of voters to or from the places of registration 
during the period provided for registration, or to or from 
the polling places on the day of any municipal election held 
in cities organized under this Act; Provided: This shall 
not prohibit any person or member of his family from going 
to or from such named places in his own conveyance, or 
from using his own conveyance to transport crippled, aged, 
infirm or sick persons to or from said places. 

Any person violating any of the provisions of this section 
shall be deemed guilty of a misdemeanor, and shall, upon 
conviction thereof before any court having jurisdiction, be 
punished by a fine not exceeding Five Hundred Dollars 
($500), or be imprisoned in the county jail not exceeding 
ninety (90) days, or by both such fine and imprisonment. 

Laws 1911, page 294. 

Crimes: Penalties. 

Sec. 9. Any person offering to give a bribe, either in 
money or other consideration, to any elector for the purpose 
of influencing his vote at any election provided in this Act, 
or any elector entitled to vote at any such election receiv¬ 
ing and accepting such bribe or other consideration; any 
person making false answers to any of the provisions of this 
Act relative to his qualifications to vote at said election; any 
person wilfully voting or offering to vote at such election 
who has not been a resident of this State for six (6) months 
last preceding said election, or who is not twenty-one (21) 
years of age, or is not a citizen of the United States, or 
knowing himself not to be a qualified elector of such city or 
precinct or ward where and at the time he offered to vote; 


ELECTION LAWS OF THE STATE OP IDAHO 


137 


any person knowingly procuring, aiding or abetting any 
violation hereof shall be deemed guilty of a misdemeanor, 
and shall, on conviction thereof before any court having 
jurisdiction, be punished by a fine of not less than One 
Hundred Dollars ($100) nor more than Five Hundred Dol¬ 
lars ($500), or be imprisoned in the city or county jail not 
less than ten (10) days, nor more than ninety (90) days, 
or by both such fine and imprisonment. 

Laws 1911, page 295. 

Initiative and Keferendum. 

Sec. 23. The people of such city, in addition to the 
method of legislation hereinbefore provided, shall have 
power of direct legislation by the initiative and the refer¬ 
endum. 

Laws 1911, page 301. 

Initiative: Method of Exercise. 

Sec. 24. The initiative shall be exercised in the follow¬ 
ing manner: 

(a) A petition signed by qualified electors of the city, 
accompanied by the proposed legislation or measure in the 
form of a proposed ordinance, and requesting that such ordi¬ 
nance be submitted to a vote of the people if not passed by 
the council, shall be filed with the clerk. 

Such petitions shall be substantially as follows: We the 

undersigned, being qualified electors of the city of., 

State of Idaho, hereby declare that we have read, or heard 
read at length, section by section, the proposed ordinance 
or measure hereto attached, and fully understand its con¬ 
tents, meaning and purpose, and believe it should become a 
law of the city for the following reasons: (here state the 
reasons in not more than two hundred (200) words). That 
we hereby request that such ordinance or measure be sub¬ 
mitted to a vote of the p’eople if not passed by the council. 

NAME OF SIGNER. 

STREET NUMBER. 

Any number of copies of the petition and ordinance there¬ 
to attached may be circulated at the same time and all shall 



138 


ELECTION LAWS OF THE STATE OF IDAHO 


be considered as one petition, but each petition must be veri¬ 
fied by at least one (1) qualified elector, which verification 
shall state that affiant knows that all of the persons whose 
names are signed to the petition are qualified electors of the 
city, and that each signer, prior to placing his name upon 
the petition, read, or heard read at length, section by sec¬ 
tion, the proposed ordinance or measure thereto attached. 
Such verification may be made before any Notary Public. 

Within ten (10) days from date of filing such petition 
the city clerk shall examine and from the voters registered 
ascertain whether or not said petition is signed by the re¬ 
quisite number of qualified electors, and, if necessary, the 
council shall allow him extra help for that purpose; and he 
shall attach to the said petition his certificate showing the 
result of said examination. If there is any doubt in the 
mind of the clerk as to the sufficiency, form, or legality of 
the proposed measure or ordinance, said clerk shall forth¬ 
with take it to the city attorney who shall, within two (2) 
days, transmit to the clerk a written opinion on the same, 
and if such opinion is adverse, he shall set forth therein the 
reasons and necessary changes to be made to make it proper 
and legal in form. If, by the clerk’s certificate, the petition 
is shown to be insufficient, it may be amended within ten 
(10) days from the date of said certificate, and it shall be 
the duty of the clerk to notify at once, in writing, the per¬ 
son presenting the petition and ordinance of its or their 
insufficiency. If amended within said time, the clerk shall, 
within ten (10) days after such amendment, make like ex¬ 
amination of the amended petition, and if his certificate 
shall show the same to be insufficient, it shall be returned 
to the person filing the same, without prejudice, however, to 
the filing of a new petition to the same effect. If the peti¬ 
tion, or amended petition, shall be deemed sufficient, the 
clerk shall submit the same to the council at its next regu¬ 
lar meeting. 

(b) If such petition is signed by qualified electors equal 
to twenty-five (25) per centum of the total number of votes 
cast for mayor at the last preceding general municipal elec¬ 
tion, the council, within twenty (20) days after the attach¬ 
ment of the clerk’s certificate to the accompanying petition. 


ELECTION LAWS OF THE STATE OF IDAHO 


139 


except as otherwise provided in this Act, shall either pass 
such ordinance without alteration or call a special election 
and submit it to popular vote at such special election, which 
must be held within forty (40) days after the date of the 
ordering thereof. Provided, however: That, if any other 
municipal election is to be held within ninety (90) days 
after the filing of the petition, said proposed ordinance shall 
be submitted without alteration to be voted upon at such 
other election. 

(c) If such petition is signed by qualified electors in 
number equal to ten (10) and less than twenty-five (25) 
per centum of the total number of votes cast for mayor at 
the last preceding general municipal election and the said 
proposed ordinance be not passed by the council without 
alteration, before the commencing of publication of notice 
of the next municipal election, it shall be submitted to pop¬ 
ular vote at such election; Provided, however: That such 
petition must be filed at least thirty (30) days before the 
date fixed for such election. 

Laws 1911, page 301. 

Referendum. 

Sec. 25. If, prior to the date when any ordinance shall 
take effect, a petition, which petition, and its requirements 
shall be substantially as required by the provisions of Sec¬ 
tion 17 of this Act, with the necessary changes made therein 
to meet the needs of this section, signed by qualified elec¬ 
tors equal in number to twenty-five (25) per centum of the 
entire vote cast for mayor at the last preceding general 
municipal election, shall be filed with the clerk protesting 
against the enactment of such ordinance, it shall, by the 
filing of such petition, be suspended from taking effect. Im¬ 
mediately upon the filing of petition, the clerk shall certify 
the number of votes cast for mayor at the last preceding 
general municipal election, and the number of signers of 
such petition, and shall present such certificate, petition and 
proposed ordinance to the council at its next meeting. 
Thereupon the council shall immediately re-consider such 
ordinance, and, if it do not entirely repeal the same, shall 


140 


ELECTION LAWS OF THE STATE OF IDAHO 


submit it to popular vote at the next municipal election; 
the council, in its discretion, may call a special election for 
that purpose; and such ordinance shall not take effect unless 
the majority of the qualified electors voting thereon at such 
election shall vote in favor thereof. 

Laws 1911, page 303. 

Application: Under this and the following section and Section 74 
it was clearly the intention of the legislature that “ordinances mak¬ 
ing the annual tax levy and appropriations” should go into effect im¬ 
mediately upon their passage, and that they should not be subject to 
the referendum provisions of that act. 

Swain vs. Fritchman, 21 Ida. 783. 

Compiler’s Note: The number 17 in the first sentence is evidently 
a clerical error and should read 24. 

Same: Council May Submit. 

Sec. 26. The council, of its own motion, may submit to 
popular vote, for adoption or rejection, at any election any 
proposed ordinance or measure in the same manner and 
with the same force and effect as provided in this Act for 
their submission on petition. 

Laws 1911, page 303. 

Application: See annotations under Sec. 25. 

Ballots. 

Sec. 27. The ballots used when voting upon such pro¬ 
posed and referred ordinances or measures shall be as above 
provided in this Act for voting upon ordinances or meas¬ 
ures. 

Laws 1911, page 303. 

Publication of Ordinances. 

Sec. 28. The clerk shall publish every proposed or re¬ 
ferred ordinance at least twice in the official newspaper of 
such city before the date of the election at which such propo¬ 
sition or ordinance is to be voted upon; and shall give such 
other notices and do such other things relative to such elec¬ 
tion as are required by the provisions of this Act, and by 
law, for general municipal elections. 

Laws 1911, page 303. 


ELECTION LAWS OF THE STATE OF IDAHO 


Ml 


Passage of Ordinance by People. 

Sec. 29. If a majority of the electors of such city, voting 
on any proposed ordinance or measure, shall vote in favor 
thereof, the same shall thereupon, or at the time fixed there¬ 
in, become effective as a law of the city, or as a mandatory 
order to the council. 

Laws 1911, page 304. 

Inconsistent Ordinances. 

Sec. 30. If the provisions of two or more ordinances ap¬ 
proved at the same election are inconsistent, the ordinance 
receiving the highest vote shall prevail. 

Laws 1911, page 304. 

Repeal or Amendment by Same Method. 

Sec. 31. No ordinance which has been adopted by popu¬ 
lar vote, under the provisions of this Act, shall be repealed 
or amended, except by popular vote upon the same. 

Laws 1911, page 304. 

More Than One Ordinance May Be Proposed. 

Sec. 32. Any number of proposed ordinances may be 
voted upon at the same election in accordance with the pro¬ 
visions of this Act, but there shall not be held, under the 
initiative and referendum herein provided for, more than 
one (1) special election in any period of six (6) months for 
such purpose. 

Laws 1911, page 304. 

Council May Prescribe Rules. 

Sec. 33. The council, by ordinance, may make other and 
further regulations to carry out provisions of this Act, not 
inconsistent herewith. 

Laws 1911, page 304. 

Recall. 

Sec. 34. The holder of any elective office, whether elect¬ 
ed or appointed thereto, may be removed therefrom by re¬ 
call ; Provided : That no recall petition shall be filed against 
any officer until he has actually held his office for at least 
three (3) months. 


142 ELECTION LAWS OF THE STATE OF IDAHO 
Same: Procedure. 

Sec. 35. The recall shall be instituted by filing with the 
clerk a verified, written petition, requesting such removal, 
signed by qualified electors of the city, and stating the resi¬ 
dence of each signer thereto. 

Laws 1911, page 304. 

Same: Petition. 

Sec. 36. The form and contents of the petition shall be 
substantially as follows: 

To the Council of.: 

We, the signers hereto, qualified electors of the city of 

., request the removal of (name of 

incumbent of elective office sought to be removed to be in¬ 
serted from the office of (name of office to be inserted.) 
(Here there shall be inserted in not more than two hundred 
(200) words of the reasons for demanding the recall of the 
officer). 

NAME. 

Residence (Street and No.) 


STATE OF IDAHO, 1 

County of.... 

(Name of petitioner to be inserted here) 

., being first duly sworn, says 

that he is one of the signers of the foregoing petition; that 
the statements made therein are true, and that each signa¬ 
ture appended thereto is the genuine signature of the per¬ 
son whose name it purports to be, as he verily believes. 


(Petitioner sign here) 

Subscribed and sworn to before me this.day of 

.-., 19. 


Laws 1911, page 304. 


Notary Public residing at 
.. Idaho. 















ELECTION LAWS OF THE STATE OF IDAHO 


143 


Same: Duty of Clerk. 

Sec. 37. The petitions may consist of one (1) or more 
papers circulated separately, and the signatures thereto may 
be upon the paper or papers containing the formal petition, 
or upon other papers attached thereto. The verification 
may be made by one (1) or more petitioners, and the sev¬ 
eral parts of the petition may be verified separately and by 
different persons. All napers and documents comprising 
a single petition shall be filed with the clerk on the same 
day, and the clerk shall notify immediately, in writing, the 
officer sought to be removed. 

Laws 1911, page 305. 

Same: Objections by Officer. 

Sec. 38. Within ten (10) days after the filing of the 
petition, the incumbent whose removal was requested shall 
file, in writing, with the clerk his objections, if any, to the 
sufficiency of such petition, and he cannot thereafter con¬ 
test its sufficiency upon any objection not so filed. Such 
objection shall be specific, and shall set forth the reasons for 
each objection, and no general objection to the qualifications 
of the signers of such petition shall be sufficient. If the 
result of the election be adverse to the incumbent, all de¬ 
fects in the petition shall be cured thereby. 

Laws 1911, page 305. 

Same: Presentation to Council. 

Sec. 39. Within two (2) days after date of filing of the 
petition, the clerk shall certify the number of votes cast for 
mayor at the last general municipal election, and the num¬ 
ber of signers to such petition, and present such petition 
and certificate to the council at its next regular meeting. 

Laws 1911, page 305. 

Insufficient Petition. 

Sec. 40. If the petition be insufficient in any respect, it 
may be withdrawn by the person filing it, and amended as 
many times as desired, within forty (40) days of the orig¬ 
inal filing. The duty of the clerks shall be the same with 


144 


ELECTION LAWS OF THE STATE OF IDAHO 


respect to any amended petition as upon the original peti¬ 
tion. 

Laws 1911, page 305. 

Election. 

Sec. 41. If a petition be signed by qualified electors in 
number equal to thirty-five (35) per centum of the total 
number of votes cast for mayor at the last preceding gen¬ 
eral municipal election, the council, within seven (7) days 
after the final certification by the clerk, unless the incum¬ 
bent sought to be removed resign within five (5) days after 
such final certifications, shall order a special election to be 
held on a date fixed in such order, not less than forty (40) 
days, nor more than fifty (50) days from the date of such 
final certification; Provided: That if any other municipal 
election is appointed to be held within ninety (90) days 
from said final certification, the recall election shall be held 
at the same time as such other election. 

Laws 1911, page 306. 

Same. 

Sec. 42. If the petition is signed by qualified electors in 
number equal to twenty (20) per centum and less than 
thirty-five (35) per centum of the total number of votes 
cast at the last preceding general municipal election, the 
council, within seven (7) days after the final certification 
by the clerk, unless the incumbent sought to be removed 
resign within five (5) days after such final certification, 
shall order and fix the election upon the date of the next 
municipal election; Provided: That not less than ninety 
(90) days shall elapse between the date of the final certifi¬ 
cation of the recall petition by the clerk and the said muni¬ 
cipal election. 

Laws 1911, page 306. 

Same: 200 Words for Both Parties in Election Call. 

Sec. 43. In the published call for any election at which 
the recall of any such officer is used under the provisions 
of this Act there shall be printed in not more than two 
hundred (200) words the reason for demanding the recall 



ELECTION LAWS OF THE STATE OF IDAHO 


145 


of the officer, as set forth in the recall petition, and in not 
more than two hundred (200) words the officer sought to 
be recalled may justify his course in office, provided that 
such officer file with the mayor such statement within two 
(2) days after receiving notice of the filing of such recall 
petition. 

Laws 1911, page 306. 

Incumbent a Candidate. 

Sec. 44. At such election, the incumbent shall be a can¬ 
didate without nomination unless he file written notice to 
the contrary with the clerk before the ballots are printed. 
Laws 1911, page 306. 

General Laws Apply. 

Sec. 45. The procedure for nominations and election 
shall be the same as in general municipal elections. 

Laws 1911, page 306. 

Incumbent Defeated: Effect. 

Sec. 46. If the incumbent shall not be re-elected, his 
tenure of office shall terminate upon the determination of 
the result of the election by the canvassing board. His suc¬ 
cessor shall qualify for office immediately thereafter, and 
shall hold office for the unexpired term. 

Laws 1911, page 306. 

Disqualification of Officer Eecalled. 

Sec. 47. An officer, removed from office by recall elec¬ 
tion, or who shall resign from such office pending recall pro¬ 
ceedings against him, shall not be appointed to any city of¬ 
fice or employment within two (2) years after such removal 
or resignation. 

Laws 1911, page 306. 

More Than One Officer May Be Eecalled. 

Sec. 48. Two (2) or more elective officers may be joined 
in one petition for removal. 

Laws 1911, page 307. 


146 ELECTION LAWS OF THE STATE OF IDAHO 
Vacancy. 

Sec. 49. If a vacancy occur in the office after a removal 
election has been ordered, the election shall nevertheless be 
held as in this Act provided. 

Laws 1911, page 307. 

Council May Prescribe Rules. 

Sec. 50. The council may, by ordinance, make such fur¬ 
ther regulations as may be necessary to carry out the pro¬ 
visions of this Act relative to the recall of an official or 
officials. 

Laws 1911, page 307. 

Abandonment of Commission Form: Procedure. 

Sec. 75. Any city which shall have operated for more 
than six (6) years, under the provisions of this Act, may 
abandon such organization hereunder, and accept the pro¬ 
visions of the general law of the State then applicable to 
cities of its population, or if now organized under special 
charter, may resume said special charter as follows: 

Upon the petition of not less than twenty-five (25) per 
centum of the electors of such city, a special election shall 
be called at which the following proposition only shall be 
submitted: 

Shall the city of (name of city) abandon its organization 
under the Act of the Eleventh Session of the Legislature of 
Idaho and become a city under the general law governing 
cities of like population, or if now organized under special 
charter, shall it resume said special charter? 

If a majority of the votes cast at such special election be 
in favor of such proposition, the officers elected at the next 
succeeding biennial election shall be those then prescribed 
by the general law of the State for cities of like population, 
or prescribed by special charter if such city had been in¬ 
corporated under special charter at the time of adopting 
the provisions of this Act; and upon qualification of such 
officers, such city shall again become organized under such 
general law of the State, or special charter, as the case may 
be; but such change shall not in any manner or degree af- 


ELECTION LAWS OF THE STATE OF IDAHO 


147 


feet the property, rights or liabilities of such city, but shall 
merely extend to such change in its form of government. 

The sufficiency of such petition shall be determined, the 
election ordered and conducted, and the results declared 
generally as provided by the provisions of this Act, in so far 
as the provisions thereof are applicable. 

Laws 1911, page 314. 

Petitions in General. 

Sec. 76. Petitions provided for in this Act shall be 
signed by none but the legal voters of the city. Each peti¬ 
tion shall contain, in addition to the names of the petition¬ 
er’s residence, his age and length of residence in the city. It 
shall also be accompanied by the affidavit of one or more 
legal voters of the city stating that the signers thereof were, 
at the time of signing, legal voters of said city, and the 
number of signers at the time the affidavit was made. 

Laws 1911, page 314. 


CHAPTER XIX. 


ELECTIONS UNDER LOCAL OPTION LAW. 


Section. 

1. Petition: Election. 

2. Petition: Form. 

3. Number of names on petition. 

4. Ballots. 

5. Election supplies. 

6. Judges and clerks. 

7. Canvassing returns. 

8. Liquor licenses. 


Section. 

9. Registration. 

10. Qualifications of voters: Ex¬ 

penses of election. 

11. Subsequent elections. 

12. Complaint for violation. 

13. Election contests. 

14. Result of election. 


Petition: Election. 

Sec. 1. That whenever a petition has been signed and 
filed with the county auditor of any county as hereinafter 
provided, praying the board of county commissioners of the 
county for the privilege of determining by ballot, whether 
the sale or disposal of intoxicating liquors as a beverage 
shall be prohibited within the limits of such county, the 
board of county commissioners at its next regular meeting 
shall order a special election to be held in said county in not 
less than thirty nor more than sixty days. Such election 
shall be held on Wednesday at the usual places for holding 
general elections, and twenty days’ notice thereof shall be 
given in the manner now provided by law for general elec- 


148 ELECTION LAWS OF THE STATE OF IDAHO 

tions and for the submission of questions. The polls shall 
be open at eight o'clock in the forenoon and remain open 
until seven o’clock in the afternoon of the same day. 

Laws 1909, page 10. 

Cited: Gillesby vs. Board, 17 Ida. 586; 107 Pac. 71. 

Petition: Form. 

Sec. 2. The form of the petition shall be substantially as 
follows: 

PETITION FOR LOCAL OPTION ELECTION. 

To the Board of County Commissioners of the County of 
(here shall be given the name of the county), in the 
State of Idaho: 

We, the undersigned, legal voters of the county of (here 
shall be given the name of the county), in the State of Idaho, 
respectfully petition that an election be held to determine 
whether the sale or disposal of intoxicating liquors as a 
beverage shall be prohibited in said county. 

Names. Addresses. 


Each voter shall sign his own name (or make his mark if 
he be unable to write), and following the same his residence 
and postoffice address shall be stated. The petition shall be 
filed with the county auditor at least ten days prior to a 
regular meeting of said board, and shall be presented to the 
board on the first day of its next regular meeting, and shall 
be acted on by the board within ten days thereafter: Pro- 
vided,'TYidit the county auditor shall not receive any such 
petition unless it is offered for filing on a day at least five 
months prior to the next succeeding county. State or Na¬ 
tional election. 

Laws 1909, page 10. 

Number of Names on Petition. 

Sec. 3. The petition for an election provided for in Sec¬ 
tion 1 of this Act need not be a single petition, but may 
consist of two or more petitions of the same form, and if 
of more than one, then all shall be treated as the petition 
for the purpose of this Act. Said petition shall be deemed 




ELECTION LAWS OF THE STATE OF IDAHO 


149 


sufficient, and the board of county commissioners shall order 
the election when the petition is signed by a number of the 
qualified electors of the county equal to forty per cent of 
the aggregate vote cast in the county for Secretary of State 
at the last preceding general election. Proof that the re¬ 
quired number of electors has signed said petition shall be 
made by the affidavit or affidavits, in writing, of one or 
more of the petitioners who are freeholders of the county, 
which proof must be filed with the petition. No person shall 
add his name to said petition and no person shall withdraw 
his name therefrom, after the same is filed. 

Laws 1909, page 11. 


Ballots. 

Sec. 4. The ballots for a special election held under the 
provisions of this Act shall be in the following form: 

“Shall the sale or disposal of intoxicating liquors as a 
beverage be prohibited in (here shall be given the name of 
the county), Idaho? 


YES 


NO 


All ballots marked with a cross in the square containing 
the word “yes'" shall be counted in favor of the proposition, 
and all ballots marked with a cross in the square containing 
the word “no'' shall be counted as opposed thereto. 


Laws 1909, page 11. 


Election Supplies. 

Sec. 5. The ballots and supplies for the election shall be 
furnished and distributed by the county auditor in the man¬ 
ner now provided for general elections; the number of bal¬ 
lots furnished to each precinct shall be at least double the 
number of voters in that precinct. 

Laws 1909, page 11. 


Judges and Clerks. 

Sec. 6. The judges and clerks appointed to serve at the 
last preceding general election held in the county, except the 
counting judges, shall serve at the special election herein 




150 


ELECTION LAWS OF THE STATE OF IDAHO 


provided for, and shall canvass and make return of the vote 
as in general elections. 

Laws 1909, page 12. 

Canvassing Returns. 

Sec. 7. The board of county commissioners shall meet 
within ten days after such special election and canvass the 
returns and declare the result of the election. If a majority 
of the votes cast at such election shall be in favor of the 
proposition submitted, it shall thereafter be unlawful for 
the board of county commissioners of the county to grant 
any person, firm, association, corporation or club a license to 
sell or dispose of intoxicating, spirituous, malt or fermented 
liquors or wines, within said county, until at a subsequent 
election held under the provisions of this Act a majority of 
the legal voters of the county, voting at such subsequent 
election, shall vote against prohibiting the sale or disposal 
of intoxicating liquors. 

Laws 1909, page 12. 

Cited: State vs. Jordan, 19 Ida. 192; 112 Pac. 1049. State vs. 
Schmitz, 19 Ida. 566; 114 Pac. 1. 

Liquor Licenses. 

Sec. 8. If a majority of the votes cast at an election held 
under the provisions of this Act shall be in favor of the 
proposition so submitted, then after ninety days from the 
date of said election, all licenses for the sale of intoxicating 
liquors granted in the county after the passage of this Act, 
shall become void and be of no force or validity, and the 
holder thereof shall be liable for any sale of liquors made 
by him the same as though no such license had been issued, 
and there shall be refunded to him of the amount paid for 
such license, a sum proportionate with the unexpired time 
for which the license fee shall have been paid, out of the 
several funds to which it has been apportioned. 

No license issued prior to the passage of this Act shall be 
terminated or in any manner affected by this Act or by any 
election held hereunder. 

Laws 1909, page 12. 

Cited: State vs. Jordan, 19 Pac. 192; 112 Pac. 1049. 


ELECTION LAWS OF THE STATE OF IDAHO 


151 


Registration. 

Sec. 9. No person shall be permitted to vote at a special 
election called under this Act, unless he is duly registered as 
required by law: Provided, however, That all voters who 
were registered in the county for the last preceding general 
election need not register again for the special election, but 
the registration lists for such general election shall be used, 
and persons who were not then registered may register for 
the special election according to the statutes relating to reg¬ 
istration, for which purpose the registrars appointed for 
such general election shall act. In case a registrar in any 
precinct fails to act or the office becomes vacant, the county 
auditor shall fill such vacancy by appointment. 

Laws 1909, page 12. 

Cited: Gillesby vs. Board, 17 Ida. 586; 107 Pac. 71. 

Qualifications of Voters: Expenses of Election. 

Sec. 10. In all elections hereunder the qualifications of 
voters shall be the same as in general elections, and in all 
matters and proceedings not herein otherwise specified, all 
the provisions, including those relating to penalties, of the 
general election laws of the state shall apply and be ob¬ 
served, as far as the same are applicable, and all expenses 
of such election shall be paid in the same manner and out 
of the same fund as in the case of general elections held in 
the county. 

Laws 1909, page 13. 

General Laws Apply: McGrane vs. County of Nez Perce, 18 Ida. 
714; 112 Pac. 312. 

Subsequent Elections. 

Sec. 11. Whenever an election has been held under the 
provisions of this Act, no subsequent election shall be held 
thereunder until the expiration of two years from the last 
preceding election so held. 

Laws 1909, page 13. 

Complaint for Violation. 

Sec. 12. In any complaint, information or indictment for 
selling or disposing of intoxicating liquors without license 


152 


ELECTION LAWS OF THE STATE OF IDAHO 


in a prohibition district, it shall not be necessary to set 
forth, neither shall it be necessary to prove upon the hear¬ 
ing or trial, the facts showing that the required number of 
voters petitioned for the election, that the election was held 
or that a majority voted in favor of prohibiting the sale as 
herein provided, nor shall it be necessary to allege or prove 
that the defendant did not have a license lawfully permitting 
him to sell or dispose of intoxicating liquors, but the burden 
shall be on the defendant to show that he held such a license 
at the time of the commission of the act complained of. 

Laws 1909, page 13. 

Judicial Notice: Courts take judicial notice of what is prohibition 
territory. 

State vs. Schmitz, 19 Ida. 566; 114 Pac. 1. 

Election Contests. 

Sec. 13. An election held under the provisions of this Act 
may be contested by any elector of the county in which the 
election is held, in the manner provided by law for the con¬ 
test of the election of a person to a county office. In such 
contest the county shall be the contestee and the prosecuting 
attorney of such county shall appear in defense of the result 
of the election as announced by the board of county com¬ 
missioners. 

Laws 1909, page 13. 

Result of Election. 

Sec. 14. If a majority of the legal votes cast in any county 
at any election held under the provisions of this Act shall 
be against the proposition so submitted it shall not affect, 
change or alter the power now conferred by law upon the 
boards of county commissioners to refuse a license to sell 
or dispose of intoxicating liquors; nor the power now con¬ 
ferred by law upon the council or board of trustees or other 
governing authority of any incorporated city, town or vil¬ 
lage in this State to prohibit the selling or giving away of 
any intoxicating liquors; nor shall such vote against the 
proposition affect, change or alter any ordinance which may 
have been in force in any city, town or village of this State 
at the time said vote was taken. 

Laws 1909, page 13. 


ELECTION LAWS OF THE STATE OP IDAHO 


153 


CHAPTER XX. 

CRIMES AGAINST THE ELECTIVE FRANCHISE. 


Section. 

6354. Official neglect or malfeas¬ 

ance. 

6355. Refusal to be sworn or to an¬ 

swer questions. 

6356. Illegal voting or interference 

with election. 

6357. Attempting to vote when not 

qualified, or to repeat. 

6358. Procuring illegal votes. 

6359. Officers attempting to change 

result. 

6360. Attempt of officer to ascer¬ 

tain vote. 

6361. Forging or counterfeiting re¬ 

turns. 

6362. Adding to or subtracting 

from votes. 

6363. Aiding and abetting crimes. 


Section. 

6365. Riotous conduct and interfer¬ 

ence with election. 

6366. Betting on elections. 

6367. Offenses not otherwise pro¬ 

vided for. 

6368. Sale of liquor on election day. 

6369. Tampering with certificates of 

nomination or ballots. 

6370. Destroying and defacing sup¬ 

plies. 

6371. Electioneering. 

6372. Attempt to influence votes. 

6373. Bribery of electors. 

6374. Fraudulent permission of reg¬ 

istration. 

6375. Illegal registration by voter. 

6376. Placing placards in booths. 


uow>. itiiu crimes. 

6364. Intimidation, corruption and 
frauds. 

Official Neglect or Malfeasance. 

Sec. 6354. Every person charged with the performance of 
any duty, under the provisions of any law of this State re¬ 
lating to elections, who wilfully neglects or refuses to per¬ 
form it, or who, in his official capacity, knowingly and fraud¬ 
ulently acts in contravention or violation of any of the pro¬ 
visions of such laws, is, unless a different punishment for 
such acts or omissions is prescribed by this Code, punish¬ 
able by fine not exceeding one thousand dollars, or by im¬ 
prisonment in the State prison not exceeding five years, or 
by both. 

Eefusal to Be Sworn or to Answer Questions. 

Sec. 6355. Every person who, after being required by the 
board of judges at any election, refuses to be sworn, or who, 
after being sworn, refuses to answer any pertinent question 
propounded by such board, touching his right, or the right 
of any other person, to vote, is guilty of a misdemeanor. 

Illegal Voting or Interference With Election. 

Sec. 6356. Every person not entitled to vote, who fraud¬ 
ulently votes, and every person who votes more than once 
at any one election, or knowingly hands in two or more 
tickets folded together, or changes any ballot after the same 
has been deposited in the ballot box, or adds, or attempts to 


154 


ELECTION LAWS OF THE STATE OF IDAHO 


add, any ballot to those legally polled at any election, either 
by fraudulently introducing the same into the ballot box 
before or after the ballots therein have been counted, or 
adds to or mixes with, or attempts to add to or mix with, the 
ballots lawfully polled, other ballots, while the same are 
being counted or canvassed, or at any other time, with intent 
to change the result of such election; or carries away or de¬ 
stroys, or attempts to carry away or destroy, any poll list, 
or ballots, or ballot box, for the purpose of breaking up or 
invalidating such election, or wilfully detains, mutilates, or 
destroys any election returns, or in any manner so interferes 
with the officers holding such election or conducting such 
canvass, or with the voters lawfully exercising their rights 
of voting at such election, as to prevent such election or can¬ 
vass from being fairly held and lawfully conducted, is guilty 
of a felony. 

Attempting to Vote When Not Qualified, or to Repeat. 

Sec. 6357. Every person not entitled to vote, who fraud¬ 
ulently attempts to vote, or who, after being entitled to vote, 
attempts to vote more than once at any election, is guilty of 
a misdemeanor. 

Procuring Illegal Votes. 

Sec. 6358. Every person who procures, aids, assists, coun¬ 
sels, or advises another to give or offer his vote at any elec¬ 
tion, knowing that the person is not qualified to vote, is 
guilty of a misdemeanor. 

Officers Attempting to Change Result. 

Sec. 6359. Every officer or clerk of election who aids in 
changing or destroying any poll list, or in placing any ballots 
in the ballot box, or taking any therefrom, or adds, or at¬ 
tempts to add, any ballots to those legally polled at such 
election, either by fraudulently introducing the same into 
the ballot box before or after the ballots therein have been 
counted, or adds to or mixes with, or attempts to add to or 
mix with the ballots polled any other ballots, while the same 
are being counted or canvassed, or at any other time, with 
intent to change the result of such election, or allows another 


ELECTION LAWS OF THE STATE OF IDAHO 


155 


to do SO, when in his power to prevent it, or carries away 
or destroys, or knowingly allows another to carry away or 
destroy, any poll list, ballot box, or ballots lawfully poled, is 
guity of a felony. 

Attempt of Officer to Ascertain Vote. 

Sec. 6360. Every officer, judge, or clerk of an election, 
who, previous to putting the ballot of an elector in the ballot 
box, attempts to find out any name on such ballot, or who 
opens, or suffers the folded ballot of any elector which has 
been handed in, to be opened or examined previous to put¬ 
ting the same into the ballot box, or who makes, or places 
any mark or device on any folded ballot, with a view to as¬ 
certain the name of any person for whom the elector has 
voted, or who, without the consent of the elector, discloses 
the name of any person which such officer, judge, or clerk 
has fraudulently or illegally discovered to have been voted 
for by such elector, is punishable by fine of not less than 
fifty nor more than five hundred dollars. 

Forging or Counterfeiting Returns. 

Sec. 6361. Every person who forges or counterfeits re¬ 
turns of an election purporting to have been held at a pre¬ 
cinct, town, or ward where no election was in fact held, or 
wilfully substitutes forged or counterfeit returns of election 
in the place of the true returns, for a precinct, town, or ward 
where an election was actually held, is guilty of a felony. 

Adding to or Subtracting From Votes. 

Sec. 6362. Every person who wilfully adds to or subtracts 
from the votes actually cast at an election, in any returns, 
or who alters such returns, is guilty of a felony. 

Aiding and Abetting Crimes. 

Sec. 6363. Every person who aids or abets in the commis¬ 
sion of any of the offenses mentioned in the four preceding 
sections, is punishable by imprisonment in the county jail 
for the period of six months, or in the State prison not ex¬ 
ceeding two years. 


156 


ELECTION LAWS OF THE STATE OF IDAHO 


Intimidation, Corruption and Frauds. 

Sec. 6364. Every person who, by force, threats, menaces, 
bribery, or any corrupt means, either directly or indirectly 
attempts to influence any elector in giving his vote, or to 
deter him from giving the same, or attempts by any means 
whatever, to awe, restrain, hinder, or disturb any elector in 
the free exercise of the right of suffrage, or furnishes any 
elector wishing to vote, who cannot read, with a ticket, 
informing or giving such elector to understand that it con¬ 
tains a name written or printed thereon different from the 
name which is written or printed thereon, or defrauds any 
elector at any such election, by deceiving and causing such 
elector to vote for a different person, for any office, than he 
intended or desired to vote for; or who, being officer, judge, 
or clerk of any election, while acting as such, induces, or 
attempts to induce, any elector, either by menace or reward, 
or promise thereof, to vote differently from what such elec¬ 
tor intended or desired to vote, is guilty of a misdemeanor. 

Kiotous Conduct and Interference With Election. 

Sec. 6365. Any person who wilfully disturbs, or is guilty 
of any riotous conduct at or near, any election place or vot¬ 
ing precinct, with intent to disturb the same, or interferes 
with the access of the electors to the polling place, or in any 
manner, with the free exercise of the election franchise of 
the voters, or any voter there assembled, or disturbs or in¬ 
terferes with the canvassing of the votes, or with the making 
of the returns, is guilty of a misdemeanor. 

Betting on Elections. 

Sec. 6366. Every person who makes, offers, or accepts 
any bet or wager upon the result of any election, or upon 
the success or failure of any person or candidate, or upon 
the number of votes to be cast, either in the aggregate or 
for any particular candidate, or upon the vote to be cast 
by any person, is guilty of a misdemeanor. 

Offenses Not Otherwise Provided For. 

Sec. 6367. Every person who wilfully violates any of the 
provisions of the laws of this State relating to elections is. 


ELECTION LAWS OF THE STATE OF IDAHO 


157 


unless a different punishment for such violation is pre¬ 
scribed by laiv, punishable by fine not exceeding one thous¬ 
and dollars, or by imprisonment in the State prison not ex¬ 
ceeding five years, or by both. 

Sale of Liquor on Election Day. 

Sec. 6368. No spirituous, malt, vinous, or intoxicating 
liquor shall be sold at retail or given away, nor shall any 
saloon or bar room, or place where such liquor is sold or 
given away, be open on any general election day from the 
hour of six o^clock A. M. to the hour of eight o’clock P. M. 
within this State, or within the limits of any incorporated 
city or town thereof. Whoever violates, or in any manner 
aids another in violating, the provisions of this section, shall 
be punished by a fine not exceeding one hundred dollars and 
not less than twenty-five dollars, and the revocation of the 
license of any saloon or bar room wherein such liquor is sold 
or given away. 

No person shall introduce in any way into any polling 
place on election day, until after the vote is canvassed and 
counted, any spirituous, malt, vinous or intoxicating liquor, 
and any election officer drinking any such liquor in such 
place, or being intoxicated therein during such election or 
counting, shall be imprisoned in the county jail not exceed¬ 
ing six months, or be fined not exceeding three hundred 
dollars, or both. 

Tampering With Certificates of Nomination or Ballots. 

Sec. 6369. No person shall falsely make, or make oath to, 
or fraudulently deface, or fraudulently destroy, any certifi¬ 
cate of nomination, or any part thereof, or file, or receive 
for filing, any certificate of nomination, or letter of with¬ 
drawal, knowing the same or any part thereof to be falsely 
made, or suppress any certificate of nomination which has 
been duly filed, or any part thereof, or wilfully delay the 
delivery of any ballots, or forge or falsely made the official 
endorsement on the ballot, or wilfully destroy any ballot. 
Every person violating any of the provisions of this section 
shall be deemed guilty of a felony, and, upon conviction 
thereof in any court of competent jurisdiction, shall be pun- 


158 


ELECTION LAWS OF THE STATE OF IDAHO 


ished by imprisonment in the penitentiary for a period of 
not less than one year nor more than five years. 

Destroying and Defacing Supplies. 

Sec. 6370. No person shall, during the election, remove or 
destroy any of the supplies or conveniences placed in the 
booths or compartments for the purpose of enabling the 
voter to prepare his ballot, or prior to or on the day of, 
election, wilfully deface or destroy any list of candidates 
posted in accordance 'with the provisions of Title 3 of the 
Political Code concerning elections. No person shall, during 
an election, tear down or deface the cards printed for the in¬ 
struction of voters. Every person wilfully violating any of 
the provisions of this section shall be deemed guilty of a mis¬ 
demeanor, and, upon conviction thereof in any court of com¬ 
petent jurisdiction, shall be fined in any sum not exceeding 
one hundred dollars. 

Electioneering. 

Sec. 6371. No officer of election shall do any electioneer¬ 
ing on election day. No person shall do any electioneering 
on election day within any polling place, or any building in 
which an election is being held, or within one hundred feet 
thereof, nor obstruct the doors or entries thereto, or pre¬ 
vent free ingress to, and egress from, said building. Any 
election officer, sheriff, constable or other peace officer is 
hereby authorized, and it is hereby made the duty of any 
such officer, to arrest any person violating any of the pro¬ 
visions of this section, and such offender shall be punished 
by a fine not exceeding one hundred dollars, or less than 
twenty-five dollars. 

Attempt to Influence Votes. 

Sec. 6372. No person shall attempt to influence the vote 
of any elector by means of a promise or a favor, or by means 
of violence or threats of violence, or threats of withdrawing 
custom or dealing in business or trade, or enforcing the pay¬ 
ment of a debt, or discharging from employment, or bring¬ 
ing a suit or criminal prosecution, or any other threat of 
injury to be inflicted by him, or by any other means. 


ELECTION LAWS OF THE STATE OF IDAHO 


159 


Bribery of Electors. 

Sec. 6373. No person shall in any way offer a bribe to an 
elector to influence his vote. 

Fraudulent Permission of Kegistration. 

Sec. 6374. Any registry agent, or other person, who in 
any manner shall wilfully or corruptly permit any person 
not entitled to registration or to a certificate of registration, 
to be registered or have a certificate of registration, or who 
delays or fails to deliver the certified copies of the official 
register and the check list to the judges of election as re¬ 
quired by law, or who permits any person to register after 
the date on which the registration books close, or who shall 
otherwise wilfully or corruptly violate any of the provisions 
of the law governing elections, the penalty for which is not 
herein specially prescribed, shall be punished for each and 
every offense by imprisonment in the penitentiary for a 
term of not less than one year nor more than five years, or 
by a fine of not less than one hundred nor more than two 
thousand dollars, or by both such fine and imprisonment in 
the discretion of the court. 

Illegal Registration by Voter. 

Sec. 6375. Any person who shall wilfully cause, or en¬ 
deavor to cause, his name to be registered in any other elec¬ 
tion district than that in which he resides, or will reside 
prior to the day of the next ensuing election, except as here¬ 
in otherwise provided, and any person who shall cause, or 
endeavor to cause, his name to be registered, knowing that 
he is not a qualified elector, and will not be a qualified elector 
on or before the day of the next ensuing election, in the elec¬ 
tion district in which he causes or endeavors to cause such 
registry to be made, and any person who shall induce, aid 
or abet any one in the commission of either of the acts in 
this section enumerated and described, shall be fined not less 
than fifty dollars nor more than five hundred dollars, or be 
confined in the county jail for not less than one month nor 
more than six months, or both. 


160 


ELECTION LAWS OF THE STATE OF IDAHO 


Placing Placards in Booths. 

Sec. 6376. Any p^erson or officer of election who shall put, 
or permit to be put, into a voting booth, any placard, notice 
or device, except the sample ballots and cards of instruction 
as by law provided, intended or likely to call the attention 
of the voter to any candidate, or to urge the voter to vote for 
any particular candidate, or shall put, or allow anything to 
be put, into such booths for the use or comfort of the voter 
whereby the claims of any candidate are urged upon the 
voter, either directly or indirectly, shall be imprisoned in the 
county jail not to exceed three months, or fined not to exceed 
five hundred dollars, or both. 


INDEX 


A 

ABSTRACT OF VOTES. 90 

—compiled by County Commissioners. 90 

—disposition of . 92 

—delay in transmitting . 93 

ADVERTISEMENT OF SPECIAL QUESTIONS.... 17 

—constitutional amendments. 17 

AMENDMENTS TO CONSTITUTION. 9 

—advertisement of . 17 

—by convention . 10 

—submission to voters . 11 

—several amendments—submission . 10 

ATTORNEY GENERAL 

—Member State Board of Canvassers. 92 

AUDITOR—COUNTY 

—clerk of county canvassing board. 90 

—duty at primary election. 38 

—duty after special election. 106 

—duty preparing official ballots . 67n 

—to keep record of number of ballots... . 75 

—to prepare ballot for change of county bounda¬ 
ries and removal of county seat. 105 

AUDITOR—STATE 

—Member State Board of Canvassers. 92 

B 

BALLOTS—(See Commission Form of Government) 

—change of county boundary.. 105 

—correction of mistakes. 95 

—defaced ... . 85 

—deposit in box. 81 

—form for local option election.149 

—misspelled names . 95 

—removal of county seat . 105 

—spoiled . 81 

—stubs . 85 

—tampering 'with . 157 

—unstamped . 82 

—^void . .1 . 87 

BALLOT BOXES . 67 

—duplicate in certain precincts. 89 

—opening . 78 




































162 


ELECTION LAWS OF THE STATE OF IDAHO 


BALLOTS AND SUPPLIES 

—ballot boxes.i. 67 

—delivery of. 75 

—distribution .,. 75 

—errors and omissions.^. 74 

—folding. 75 

—form and contents. 68 

—instruction cards. 76 

—numbering . 73n 

—official . 67 

—only official counted . 74 

—official election stamp . 66 

—primary election.. 30 

—receipt for. 75 

—record of number. 75 

—registration . 65 

—sample ballots . 76 

—special questions.^. 73 

BETTING—on elections. 156 

BRIBERY 

—Commission Form of Government election.... 135 
—of electors . 159 


c 

CANDIDATES—(See Commission Form of Govern¬ 


ment—Primary Election ). 

CANVASS .. 86 

—certificate of election.i. 94 

—certificate of judges. 87 

—form . 87 

—comparison of poll lists, ballots and stubs. 86 

—concealment of results. 89 

—count . 87 

—counting . 89 

—county commissioners county canvassing board. 90 

—abstract ... . 90 

—delay in transmitting. 93 

—disposition of . 92 

—count... 90 

—list of Legislature. 94 

—removal of county seat. 103 

—result . 104 

—return by judges. 90 

—special election . 105 

—State Board of Canvassers . 92 

—duties . 93 

—meetings. 93 









































ELECTION LAWS OF THE STATE OF IDAHO 163 

—result—statement ... 93 

—Secretary of State to file. 94 

—tie vote . 94 

—^transmission of supplies to County Corners.... 87 

—two sets of officers . 88 

—duplicate ballot boxes . 89 

—counting . 89 

—witnesses . 89 

CARRIAGES—unlawful . 135 

CERTIFICATE OF ELECTION . 94 

—municipal elections . 96 

—Presidential electors .,. 110 

CERTIFICATE OF NOMINATION—(See Primary 
Elections — Nominations—Commission Form of 
Government ). 

CHALLENGING VOTERS . 82 

—age ... 83 

—conviction of felony. 83 

—duty of clerk .. 85 

—duty of judge . 85 

—oath of challenged person. 84 

—refusal to take oath . 85 

—removal of county seat elections. 103 

—residence.i. . 83 

—how determined . 84 

—want of citizenship. 82 

CHARTER CITIES 

—charter void . 121 

—may adopt Commission Form of Government.. .117n 
CITIES AND VILLAGES 

—elections .i...122, 107 

CITY CLERK 

—is registrar . 108 

CLERK OF ELECTION 

—appointed by judges . 24 

—compensation . .. 24 

—distributing clerks 

—appointment . 23 

—vacancy—how filled . 24 

—duty when person challenged .. 85 

COLUMBUS DAY . .i. 116 

COMMISSION FORM OF GOVERNMENT 

—abandonment . 146 

—charter city may adopt.117n 

—elections . 122 

—ballots. 128 

—form . 128 






































164 


ELECTION LAWS OF THE STATE OF IDAHO 


—preparation ... 128 

—sample . 132 

—^bribery . 135 

—carriages unlawful ..... 135 

—crimes . 136 

—general laws apply . 135 

—informalities . 135 

—names of candidates . 130 

—^nominations . 123 

—acceptance . 126 

—certificate of . 123 

—clerk to furnish. 124 

—^when filed . 125 

—^who may sign ...124 

—^withdrawal of name . 126 

—clerk to furnish nomination certificates 124 

—^notice . 127 

—publication . 127 

—petition for... 123 

—to be preserved. 126 

—^when filed . 126 

—withdrawal of candidate. 126 

—officers—failure to qualify. 135 

—registration . 134 

—second election .130, 132 

—ballot .. 131 

—form . 131 

—general provisions govern. 133 

—when held . 133 

—^who elected .i. 132 

—^who elected. 132 

—general law applicable . 121 

—initiative and referendum . 137 

—ballots . 140 

—council may prescribe rules. 141 

—initiative 

—election . 139 

—method of exercise . 137 

—^petition ...j . 137 

—officers . 118 

—^term . 119 

—^vacancy .119, 146 

—how filled . 119 

—^petition to adopt. 118 

—election .i... 118 

—^petitions in general ../. 147 

—recall ... 141 















































ELECTION LAWS OF THE STATE OF IDAHO 


165 


—council may prescribe rules... 146 

—election .i..... 144 

—call . 144 

—candidates .,.. 145 

—general laws apply ... 145 

—incumbent a candidate . 145 

—disqualification . 145 

—effect of defeat ... 145 

—time of holding.. 144 

—several officers recalled ... 145 

—referendum 

—council may submit measures. 140 

—method of exercise . 139 

—ordinances 

—amendment . 141 

—inconsistent . 141 

—more than one . ..;. 141 

—passage . 141 

—publication . 140 

—repeal . 141 

—^petition. 139 

—registration . 120 

—^what cities may adopt . 117 

COMPLAINT—violation of local option law.152 

CONSTABLE—duties at election . 79 

CONSTITUTION 

—amendment .. 9 

—by convention . 10 

—submission to people. 11 

—several submitted at one time. 10 

CONTESTED ELECTIONS . Ill 

—examination of poll books and ballots, .j... 115 

—fees of officers . 115 

—grounds . Ill 

—conviction of a felony. Ill' 

—errors . 112 

—illegal votes counted . Ill 

—improper influences exerted.Ill 

—incumbent in default in public offic'e. 112 

—ineligibility . Ill 

—^misconduct of election officers. Ill 

—^when sufficient . 112 

—incumbent defined . 112 

—^jurisdiction ..(. 112 

—legislative offices . 112 

—^notice of .. 112 

—service of. 113 














































166 


ELECTION LAWS OF THE STATE OF IDAHO 


—papers 

—delivery to presiding officer . 115 

—opening and custody . 115 

—receipt for. 115 

—to be preserved. 116 

—witnesses . 113 

—fees and mileage . Ill 

—production of papers.. .. . 114 

—subpoenaes . 113 

—issuance . 113 

—disobedience of . 114 

—testimony . 114 

—how taken . 114 

—Secretary of State to preserve. 115 

CONVENTIONS 

—defined . 50n 

—nomination by .;. 49 

—^platform . 43 

COPIES OF LAW—distribution . 13 

COUNTIES 

—division . 8 

—new . 9n 

COUNTY AUDITOR—See Auditor. 

COUNTY BOUNDARIES—CHANGING 

—ballot.i. .. 105 

—changing . 104 

—conduct of election. 104! 

COUNTY CENTRAL COMMITTEE 

—election . 41 

—duties .I. . . 41 

COUNTY COMMISSIONERS 

—canvassing board—See Canva)ss. 

—canvassing returns local option election.150 

—changing election precincts . 20 

—custody of election supplies. 87 

—establishment of election precincts. 20 

—local option election call. 147 

—notice of general election. 16 

—return by judges to... 90 

—transmission of supplies by judges. 87 

COUNTY SEATS—REMOVAL 

—^ballot . 105 

—canvass of returns . 103 

—challenging voters . 103 

—election .>. 98 

—^petition for . 99 

—contesting right to sign . 101 








































ELECTION LAWS OF THE STATE OF IDAHO 167 

—have precedence on court calendar.... 102 

—procedure . 102 

—how signed.. 100 

—open to inspection. 101 

—voting . 102 

CRIMES 

—adding to or subtracting from votes. 155 

—aiding or abetting crimes. 155 

—attempt of unqualified persons to vote. 154 

—attempt to ascertain count. 90 

—attempt to infiuence votes. 158 

—betting . 156 

—bribery 

—in commission form of government election 135 

—of electors . 159 

—carriages unlawful. 135 

—commission form of government offenses in gen¬ 
eral . 136 

—corruption . 156 

—counterfeiting returns . 155 

—destroying or defacing supplies. 158 

—disobedience of subpoena in election contest.... 114 

—electioneering. 158 

—false statement by prostitute. 20 

—false swearing at primary. 36 

—forgery at primary...t. 37 

—forging returns . 155 

—fraud . 156 

—fraudulent permission of registration. 159 

—illegal registration by voter. 159 

—illegal voting . 153 

—improper infiuence at primary. 40 

—interference with election .153, 156 

—intimidation . 156 

—liquor sales . 157 

—neglect of candidate to file statement of expenses 40 

—offenses in general . 156 

—officers' attempt to ascertain results. 154 

—officers’ attempt to change results. 154 

—official neglect or malfeasance.|.. .. 153 

—^placing placards in booths . 160 

—procuring illegal votes . 154 

—refusal to be sworn. 154 

—repeating . 154 

—riotous conduct . 156 

—tampering with ballots . 157 

—tampering with nomination certificates ....... 157 

—violation of local option law . 152 











































168 


ELECTION LAWS OF THE STATE OF IDAHO 


D 

DECORATION DAY . 116 

DEFINITIONS 

—convention ..../..5On 

—general election . 14n 

—incumbent . 112 

—political party. 26 

DISQUALIFICATIONS . 5, 18 

DISTRIBUTION OF COPIES OF LAW. 13 

DISTRICT JUDGES 

—time of election . 15 

DIVISION OF COUNTIES . 8 

E 

ELECTIONS—See Commission Form of Government — 
Contested Elections—Local Option—Municipal 
Elections—Special Elections, 

—challenging voters . 82 

—age . 83 

—conviction of felony. 83 

—duty of clerk . 85 

—duty of judges . 85 

—oath of challenged person. 84 

—refusal to take . 85 

—residence . 83 

—how determined . 84 

want of citizenship . 82 

—changing county boundaries. 104’ 

—constable—duties of . 79 

—defaced ballots . 85 

—delivery of tickets to elector . 79 

—deposit in boxes . 81 

—election officers' oath . 77 

—interference . 153, 156 

—judges may administer oath. 78 

—notice .,.16, 78 

—^posting . 17 

—officers not to divulge information .. 82 

—opening ballot boxes . 78 

—opening supplies . 78 

—poll lists—form . 85 

—polling places—changing . 78 

—polls—opening and closing ... 77 

—proclamation . 78 

—removing county seats . 102 

—spoiled ballots . 81 

—stubs . 85 

—time . 13 










































ELECTION LAWS OF THE STATE OF IDAHO 169 

—unstamped ballots . 82 

—voting . 79 

—manner of . 80 

ELECTION PRECINCT—See Precincts, 

ELECTION PROCLAMATION . 16 

ELECTION STAMP . 66 

ELECTIONEERING . ... 158 

ELECTORS 

—disqualifications .5, 18 

—municipal . 107 

—qualifications.).4, 17 

ELECTORS’ OATH . 57 

—filing . 57 

—municipal . 108 

—special qualifications . 66 

ELECTORS’ REGISTER . 60 

—form . 61 

EXPENDITURES BY PRIMARY CANDIDATES... 38 

—statement of.. 39 

—neglect to file, penalty. 40 

F 

FELONIES—See Crimes, 

G 

GENERAL ELECTION—Definition . 14n 

GOVERNOR 

—member State Board of Canvassers. 92 

H 

HOLIDAYS .. 116 

I 

INCUMBENT DEFINED .i. 112 

INFORMALITIES . 135 

INITIATIVE—See Commission Form of Government, 
INMATES OF ASYLUMS 

—residence not lost.;. 18 

INMATES OF HOUSES OF ILL FAME—See Prosti¬ 
tutes, 

INSTRUCTION CARDS. 76 

J 

JUDGES—See District Judges. 

JUDGES OF ELECTION 

—appointment . 23 

—certificates of ballots cast and result... 87 

—compensation . 24 

—duty to challenge . 85 






























170 


ELECTION LAWS OF THE STATE OF IDAHO 


—may administer oath. 78 

—return made to county commissioners. 90 

—^vacancy—how filled . 24 

JUDICIARY 

—nomination .. 45 

—non-partisan. 29 

JUSTICES OF SUPREME COURT 

—time of election. 15 


L 

LABOR DAY .. 116 

LEGISLATURE 

—contest of election. 112 

—list of members elected. 94 

—special election for. 106 

—vacancy . 106 

LIQUOR—See Local Option. 

—license revoked . 150 

—sale prohibited at primary election. 37 

LOCAL AND SPECIAL LAWS PROHIBITED. 4 

LOCAL OPTION . ..,. 147 

—election . 151 

—ballots...,. 149 

—form . 149 

—canvass. 150 

—expenses .. 151 

—judges and clerks. 149 

—notice . 147 

—qualifications of voters. 151 

—registration . 151 

—result. 152 

—second and subsequent elections. 151 

—supplies . 149 

—time. 147 

—election contests . 152 

—licenses revoked . 150 

—petition for election. 147 

—form ... 148 

—number of names . 148 

—violation of . 151 

—complaint. 152 

—proof required .i.. 152 

M 

MANDAMUS TO COMPEL REGISTRATION. 65 

MISDEMEANORS—See Crimes. 

MUNICIPAL ELECTIONS . 107 

—certificate of election . 110 









































ELECTION LAWS OF THE STATE OF IDAHO 171 

—general registration and election laws apply... 110 

—notice of. 107 

—qualifications of electors ... 107 

—registration 

—city clerk is registrar. 108 

—compensation of officers. 109 

—electors'oath . 108 

—registration books . 108 

—time. 108 

N 

NOMINATIONS—See PHmary Elections — Commis¬ 
sion Form of Government. 

—certificate of . 50 

—tampering with . 157 

—where filed . 51 

—certified to Secretary of State... 54 

—convention . 49 

—defined . 50n 

—declination of . 54 

—^petition .i.. 51 

—preservation. 52 

—restrictions . 52 

—time for filing . 53 

—stickers on tickets . 55 

—^vacancies—how filled . 55 

0 

OFFICERS 

—commission form of government. 118 

—failure to qualify. 135 

—^term . 119 

—vacancy ... 119 

—how filled. 119 

—county and district . 14 

—time of election. 14 

—election . 23 

—attempt to ascertain result . 155 

—attempt to change result. 154 

—not to divulge information. 82 

—^to take oath . 77 

—registration . 56 

—compensation.,. 65 

—municipal . 108 

—^two sets at certain precincts. 88 

—duplicate ballot boxes . 89 

ORDINANCES—See Commission Form of Government. 







































172 


ELECTION LAWS OF THE STATE OF IDAHO 


P 

PETITIONS FOR NOMINATION . 51 

PIONEER DAY. 116 

PLACARDS IN BOOTHS . 160 

PLATFORMS . 43 

POLL LISTS . 64 

—filing . 64 

—form.64, 85 

POLLING PLACES—See Primary Elections, 

—designation of. 21 

—plan of . 21 

POLLS—opening and closing . 77 

POLITICAL PARTY DEFINED . 26 

POPULATION 

—cities desiring to adopt commission form of gov¬ 
ernment .j. 117 

PRECINCT OFFICERS 

—election of . 15 

PRECINCTS 

—changing boundaries of. 20 

—establishment of. 20 

—two sets of election officers at. 88 

—duplicate ballot boxes . 89 

PRESIDENTIAL ELECTORS.15, 96 

—certificate of election. 96 

—compensation. 98 

—election of . .. 96 

—meeting of. 97 

—notice to Governor ... 97 

—vacancies . 97 

—filling. 97 

—notice of election to fill. 98 

—^tie vote ... 97 

PRIMARY ELECTIONS . 25 

—ballot (official primary). 

—form . 30 

—to be preserved . .. 46 

—^to be printed . 30 

—candidates 

—acceptance of nomination .) 28 

—certified list prepared by Secretary of State 29 

—expenditures . 38 

—statement of . 39 

—neglect to file—^penalty... 40 

—fee to be paid. 27 

—amount... 27 

—nominated on more than one ticket... 43 








































ELECTION LAWS OF THE STATE OF IDAHO 


173 


—nomination. 25 

—nomination paper 

—form . 26 

—^when filed . 26 

—personal expenses. 41 

—^publication of list . 30 

—^tie—how determined . 46 

—^vacancies—how filled. 47 

—who may become . 26 

—who may nominate . 29 

—who nominated. 45 

—canvassing votes. 44 

—^by county board. 46 

—by state board. 47 

—County Auditor—duties . 38 

—County Central Committee 

—duties . 41 

—election . 41 

—forgery . 37 

—general laws apply . .u. 37 

—improper infiuences . 40 

—^penalty... 40 

—judiciary 

—nomination. 45 

—non-partisan ..,. 29 

—liquor—sale prohibited on election day. 37 

—nomination paper 

—form . 26 

—^when filed. 26 

—where filed. 28 

—political party defined . 26 

—polls—^time of opening and closing. 37 

—Secretary of State—duties. 38 

—supplies—who to furnish . 36 

—tally sheet—form. 44 

—time for holding. 26 

—U. S. Senators—nomination. 48 

—voters 

—false swearing. 36 

—qualifications . 36 

—voting—manner of. 35 

PRIVILEGE OF ELECTORS ..,. 13 

PROCLAMATION.16, 78 

PROPERTY QUALIFICATION . 3 

PROSTITUTES DISQUALIFIED . 19 

—challenge. 19 

—examination. 19 

—false statement—^penalty. 20 













































174 


ELECTION LAWS OF THE STATE OF IDAHO 


Q 

QUALIFICATIONS OF ELECTORS .4, 17 

—additional.i.. 6 

—local option elections. 151 

—municipal elections . 107 

—registration not a qualification. 5n 

R 

RECALL .. 7 

REFERENDUM—See Commission Form of Govern¬ 
ment. 

REGISTRARS’ RETURN . ... 57 

—filing . 57 

REGISTRATION 

—cancellation . 64 

—compensation of officers . 65 

—electors’ oath . 57 

—filing .. 1 . 57 

—special qualifications . 66 

—electors’ register . 60 

—form . .. 61 

—fraudulent . 159 

—in general. 56 

—local option ..i. 151 

—mandate to compel . 65 

—municipal 

—city clerk registrar . 108 

—compensation of officers . 109 

—commission city election . 134 

—Commission Form of Government—adop¬ 
tion . .. 1 . 120 

—electors’ oath. 108 

—registration books. 108 

—^time. 108 

—not an elector’s qualification. 5n 

—notice. 56 

—officers ., 56 

—compensation. 65 

—on election day. 57 

—^poll lists.. 64 

—filing. 64 

—form . 1 .. 64 

—registrar’s return. 57 

—filing . 57 

—supplies. 65 

—time. 56 

—^transfer . 61 

—^transfer application. 62 










































ELECTION LAWS OF THE STATE OF IDAHO 175 

—transfer certificate . 63 

REMOVAL OF COUNTY SEATS... 7 

RESIDENCE NOT LOST OR GAINED. 7 

—soldiers, sailors, students and inmates of asylums 18 
RIGHT OF SUFFRAGE GUARANTEED. 3 

s 

SAILORS—Residence not lost. 18 

SECRET BALLOT GUARANTEED . 4 

SECRETARY OF STATE 
—duties 

—at primary elections .. 38 

—member State Board of Convassers. 92 

—nominations. 54 

—to distribute copies of law.. 13 

—^to file statement of result of election. 94 

—to make out certificates of election. 94 

—to make out certificates of election of Presi¬ 
dential Electors . 96 

—to preserve testimony in election con¬ 
tests ..115, 116 

SOLDIERS—Residence not lost. 18 

SPECIAL ELECTIONS 

—canvass . 105 

—duty of Auditor . 106 

—in districts.,. 106 

—time . 106 

—meeting of board. 106 

—conduct . 105 

—general laws apply. 106 

—notice . 106 

—time. 105 

—^vacancy in Congress.. 106 

—vacancy in legislative office. 106 

SPECIAL QUESTIONS 

—advertisement ... 17 

—form of ballot .i. 73 

STAMP—official election . 66 

STATE AUDITOR 

—member State Board of Canvassers... 92 

STATE BOARD OF CANVASSERS. 92 

STATE CENTRAL COMMITTEE 

—election . 42 

—meeting..i. 42 

—platform to be promulgated. 43 

STICKERS ON BALLOTS. 55 

STUDENTS—residence not lost ... 18 

SUBPOENAES IN ELECTION CONTESTS. 113 







































176 


ELECTION LAWS OF THE STATE OF IDAHO 


—disobedience . 114 

—issuance . 113 

SUNDAY. 116 

SUPPLIES—See Ballots and Supplies, 

—destroying or defacing . 158 

—opening. 78 

—registration . 65 

T 

TEST OATH . 7n 

THANKSGIVING . 116 

TIE 

—duty of State Board of Canvassers. 94 

—Presidential Electors. 97 

—^primary election . 46 

TRANSFER APPLICATION . 62 

TRANSFER CERTIFICATE .,. 63 

—^filing . 63 

TRANSFER OF REGISTRATION. 61 

U 

UNITED STATES SENATORS 

—election .i. 49 

—nomination . 49 

V 

VACANCIES 

—among election judges. 24 

—municipal . 107 

—among nominees . 55 

—Commission Form of Government. 119 

—how filled. 119 

—in Congress . 106 

—in Legislature . 106 

VOTER—See Elector. 

VOTING—See Elections. 


W 

WASHINGTON’S BIRTHDAY . 116 

WITNESSES 

—in election contests . 113 

—fees and mileage . 114 

—^production of papers.. 114 

—subpoenaes. 113 

—disobedience. 114 

—issuance .... 113 

—testimony . 114 

—how taken . 114 

—Secretary of State to preserve.__ 115 


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